Case Law Update
Same Sex Divorce in Georgia
Same-Sex Divorce The ruling of Obergefell v. Hodges in 2015 was a milestone in the fight for LGBTQ+ rights... Read More
Common law marriage law applied retroactively for same sex couple
Even though same sex marriage was legalized by the United States Supreme Court over two years ago in Obergefell v.... Read More
Proposed Michigan “Shared Custody Act”
In Georgia, there is "no presumption in favor of any particular form of custody, legal or physical, nor in favor of... Read More
Georgia Case Law Update – Sutherlin v. Sutherlin (Part 3)
The blog entitled “Georgia Case Law Update – Sutherlin v. Sutherlin (Part 1)” discussed one... Read More
Georgia Case Law Update – Sutherlin v. Sutherlin (Part 2)
The blog entitled “Georgia Case Law Update – Sutherlin v. Sutherlin (Part 1)” discussed one... Read More
Georgia Case Law Update – Sutherlin v. Sutherlin (Part 1)
After finalizing a divorce action, some former couples are able to move forward with their lives and not look back.... Read More
Georgia Case Law Update – Jewell v. McGinnis et al.
Every family is unique and, thus, every custody case is distinct in its own way. In some families, both parents want... Read More
Ignored Texts as Key Evidence in Divorce Case
The modes of communication have increased exponentially over the past decade or so, greatly changing the evidence... Read More
Georgia Case Law Update – Odum v. Russell
For a divorce with children involved, the Marital Dissolution Agreement and/or Final Divorce Decree will include a... Read More
Georgia Case Law Update – In Re Lionel John Williams et al
In adoption cases, one of the most important items to take care of is to terminate the parental rights of the... Read More
Georgia Case Law Update – Denney v. Denney
It is not often that a case involving a child's given name goes all the way up to the Georgia appellate courts, but... Read More
Judge grants custody to three parents
Advances is techniques to combat infertility can often result in non-traditional familial relationships. Often, the... Read More
Georgia Case Law Update – Lowry v. Winenger
While many family law appeals have to do with custody issues, the trial court’s ruling on these issues is... Read More
Georgia Case Law Update – Stanford v. Pogue
Appellate cases can be extremely complicated, as both the Court of Appeals of Georgia and the Supreme Court of... Read More
Texas seeks to get rid of “no fault” divorces
In most states, including Georgia, there are enumerated grounds for divorce which include several fault based... Read More
Social Media and Family Law
One of the things a good family law attorney will tell you in a first meeting is to beware of what you post on... Read More
Georgia Case Law Update – Christian v. Christian (Part 2)
As mentioned in the blog entitled Georgia Case Law Update - Christian v. Christian (Part 1), the wording of a... Read More
Georgia Case Law Update – Christian v. Christian (Part 1)
When drafting a settlement agreement in a divorce action, wording matters. It is important to carefully read over... Read More
Georgia Case Law Update – Wilson v. Wilson
The Court of Appeals of Georgia recently heard a case that reaffirms the long-standing principle that an appellate... Read More
Georgia Case Law Update – Hulsey v. Hulsey
In divorce cases, there are some issues that are black and white, and upon which a court has no discretion. One of... Read More
Indiana County out of Patience with Habitual Child Support Offenders
In St. Joseph County, Indiana, prosecutors have become increasingly frustrated with deadbeat parents who refuse to... Read More
Georgia Case Law Update – Oxford v. Fuller
As has been mentioned in many blogs, in determining custody in Georgia, the court must consider the best interests... Read More
Georgia Case Law Update – Floyd v. Brown
A good number of people choose to represent themselves in family law cases. With resources such as the Fulton County... Read More
Kansas Child Support Warrant Amnesty Day
The State of Kansas has taken a unique approach to child support violations by offering a Child Support Bench... Read More
Georgia Case Law Update – Baskin v. Hale
In this day and age, there are many different types of family units. Many times couples and children live together... Read More
Georgia Case Law Update – Brazzel v. Brazzel
In Georgia, one often hears of spouses resolving their divorce issues through mediation or court hearing. Another,... Read More
Georgia Case Law Update – Kogel v. Kogel
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) dictates how custody cases are... Read More
Georgia Case Law Update – Hoard v. Beveridge
In Georgia, there are two statutes under which a party to a divorce case may be awarded attorney’s fees. The... Read More
Georgia Case Law Update – Jones v. Jones
Some spouses divorce and are never in court again. Others seem to be there all time, often in a continuous cycle of... Read More
Georgia Case Law Update – Coppedge v. Coppedge
When finalizing the terms of a divorce settlement agreement, it is imperative that both parties (and their... Read More
Can a Judge Determine What a Child Calls His Stepparent?
Life post divorce can be complicated for families. Parents have to adjust to living in different houses, and... Read More
Georgia Case Law Update – Medley v. Mosley
In Georgia child custody cases, there is no presumption in favor of the mother or the father, or in favor of a... Read More
Georgia Case Law Update – Belcher v. Belcher
In family law cases, emotions often run high and there can be great anger between the parties, which can cause a... Read More
Georgia Case Law Update – Prabnarong v. Oudomhack
Sometimes, a custody situation presents that requires the immediate, emergency attention of the court. For example,... Read More
Georgia Case Law Update – Bell v. Taylor
After hearing the Brawner v. Miller case regarding a custody dispute between a grandparent and a biological parent... Read More
Georgia Case Law Update – Brawner v. Miller
Most custody disputes take place between two biological parents. However, sometimes, other family members get... Read More
Georgia Case Law Update – Dell v. Dell (again…)
In a previous blog post, we discussed the Dell v. Dell case dealing with termination of a mother's parental rights... Read More
Georgia Case Law Update – Dell v. Dell
Cases dealing with termination of parental rights and stepparent adoption can be tricky, especially if the parent... Read More
Georgia Case Law Update – Vincent v. Vincent
The Court of Appeals of Georgia recently heard its second grandparent visitation appeal in as many months. Vincent... Read More
Georgia Case Law Update – Scott v. Scott
When calculating child support in Georgia, the first piece of information is each party’s gross monthly... Read More
Georgia Case Law Update – McLendon v. McLendon
In any family law case, it is imperative that you get everything on the record. If you (or your attorney) have an... Read More
Georgia Case Law Update – Mermann v. Tillitski
When hammering out the terms of a settlement agreement with your spouse, you may wonder how many details actually... Read More
Georgia Case Law Update – Ewing v. Ewing
In Georgia, "parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject... Read More
Georgia Case Law Update – Wright v. Young
One of the most important aspects of any legal action, whether family law or otherwise is notice - namely, whether... Read More
Georgia Case Law Update – Fielder v. Johnson
Grandparent visitation is not an issue that comes up frequently in family law courts but, when it does, it is... Read More
Setting the Ground Rules for Attorney’s Fees in Georgia Divorce Cases
In Atlanta divorce cases, individuals sometimes believe that their spouse is bringing a contempt action for... Read More
Use It or Lose It: Failure to Address Property in Settlement Agreement may Constitute Waiver
In the case of Hart v. Hart, S15F0964 (Ga. Sept. 14, 2015), the Georgia Supreme Court recently considered whether a... Read More
Georgia Case Law Update – Jackson v. Sanders Part 2
In Georgia, child support is determined by plugging various financial numbers into the child support worksheets.... Read More
Georgia Case Law Update – Parker v. Stone
Often, adoption hearings are happy – a family is bringing in a child to their home and filling that... Read More
Georgia Case Law Update – Froelich v. Froelich
Quite often, exes may not be 100% happy with their final divorce decree. This is the nature of divorce –... Read More
Georgia Case Law Update – In re Estate of Thompson
In some family law cases, a guardian ad litem (“GAL”) may be appointed to represent a minor and report... Read More
US Supreme Court Expected to Make Historic Ruling on Gay Marriage
Does the 14th Amendment require states to license same-sex marriages? Does the 14th Amendment require states to... Read More
Same-Sex Marriage Update
Last month, the United States Supreme Court declined to hear several cases brought by states seeking to keep... Read More
Same Sex Marriage Update
The 10th Circuit U.S. Court of Appeals recently struck down a Utah state ban on same sex marriage. U.S. appeals... Read More
Interesting Change Proposed to France’s Divorce Process
While the divorce process in Georgia is not overly complex, family law attorneys often hear complaints: Why does it... Read More
Case Law Update: United States v. Windsor, executor of the estate of Spyer, et al.
The United States Supreme Court just ruled that Section 3 of the Federal Defense of Marriage Act (DOMA) is... Read More
Case Law Update: Wetherington v. Wetherington, 291 Ga. 722 (2012)
In Georgia, the threshold requirement for a modification of child support is showing a change in the parent's... Read More
Case Law Update: Brittingham v. Dattilio, 317 Ga. App. 548 (2012)
In Georgia, persons may request a name change of their minor child(ren) by filing a verified petition in the... Read More
Case Law Update: Phillips v. Phillips, 316 Ga. App. 829 (2012)
In Georgia, it is possible that a parent's parental power can be lost to a grandparent, great-grandparent, aunt,... Read More
Case Law Update: Hardigree v. Smith, 291 Ga. 239 (2012)
In Georgia, when distinguishing between "periodic" and "lump sum" alimony, the first difference that likely comes to... Read More
Case Law Update: Walls v. Walls, 291 Ga. 757 (2012)
In Georgia, when considering an award of child support, the court or jury may consider an upward or downward... Read More
Georgia Military Divorce: Service Members Civil Relief Act
The Servicemember's Civil Relief Act (SCRA), an expansion and improvement of the former Soldiers' and Sailors'... Read More
Custody awarded to father in Georgia divorce case despite evidence of alleged family violence
The Supreme Court of Georgia recently affirmed a divorce action where the husband was awarded primary physical... Read More