Family Law Case Update
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
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 – 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
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 – Jackson v. Sanders
Divorce decrees and settlement agreements are ordered/entered into based on the circumstances as they exist at that... 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
Is My Spouse Entitled to the Appreciation in the Value of Stock that I Obtained Before the Marriage?
Learn More About Related Equitable Division Topics How do you Determine Whether Assets are Marital Property or... Read More
Obtaining a Family Violence Protective Order in Georgia
There are specific requirements for obtaining a family violence protective order in Georgia, and courts cannot add... Read More
Father’s Petition for Modification of Child Support is Time Barred Under Georgia Law
The Supreme Court of Georgia recently reemphasized long standing Georgia law prohibiting a petition for... Read More
Inherited property is not always considered separate property in Georgia divorces
The Supreme Court of Georgia recently heard an interesting case regarding separate property in a Georgia divorce.... Read More
Legitimation and due process in Georgia
The Georgia Court of Appeals recently affirmed the grant of a petition for legitimation over the mother’s... Read More
Retroactive alimony modification not allowed in Georgia
The Supreme Court of Georgia recently heard a case addressing the issue of retroactive alimony modification in... 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
In Georgia, trial court cannot rely on evidence from temporary hearing in making final judgment
The Supreme Court of Georgia recently reversed a trial court’s decision in a custody modification case because... Read More
Prenuptial agreement upheld in Georgia divorce case
The Supreme Court of Georgia recently heard an appeal of a divorce case, which highlights the security, or risk... Read More
Primary custody awarded to one parent in Georgia even where both are deemed fit parents
In Georgia, even in divorce cases with two fit parents, one parent will be awarded primary physical custody. In a... Read More
Legitimation and abandonment in Georgia
The Georgia Court of Appeals recently heard an appeal of the grant of a legitimation petition, where the father... Read More
Divorce decree cannot be modified in contempt case in Georgia
The Georgia Court of Appeals recently heard a case addressing an alleged modification of a divorce decree in a... Read More
Recent Georgia divorce case phases out supervised visitation through three month transition period
The Supreme Court of Georgia recently heard a case dealing with supervised visitation that was to be phased out... Read More
Georgia Court of Appeals rules on Fulton County child custody case
The Court of Appeals of Georgia recently heard an interesting, though extremely sad, child custody case out of... Read More
Order for supervised visitation upheld by Georgia Court of Appeals
The Georgia Court of Appeals recently upheld an order for supervised visitation, despite the father’s... Read More
What happens when a Georgia divorce decree is signed by the judge, but not timely filed with the clerk?
The Supreme Court of Georgia recently addressed a divorce case, which highlights what can happen when the final... Read More
Overnight guest restriction during visitation in Georgia divorce decree
The Supreme Court of Georgia recently reversed a trial court’s decision regarding a restriction on overnight... Read More
Petition for Contempt, and Petitions for Modification of Custody, Child Support, and Visitation dismissed by Georgia trial court
In addition to addressing the final decision making issue in Avren v. Garten, the Supreme Court of Georgia also... Read More
Georgia divorce decree cannot be modified by the trial court in contempt action, even if it will result in hardship
The Supreme Court of Georgia recently held a Husband to the exact language in his divorce decree, even though it... Read More
Judgment against third party in divorce case upheld by Supreme Court of Georgia
The Supreme Court of Georgia recently upheld a monetary judgment against a third party in a divorce action. Huling... Read More
Online courses considered
The Supreme Court of Georgia recently clarified the meaning of “attends school” as it relates to child... Read More
Grandparent visitation denied by Georgia Court of Appeals
The Georgia Court of Appeals recently denied paternal grandparent visitation where the biological father had given... Read More
Parenting Time Deviation denied with in Georgia joint custody case
The Supreme Court of Georgia recently made an interesting, if not surprising, ruling, denying a parenting time... Read More
Equitable Division and Property Owned by Third Party
The Supreme Court of Georgia recently heard a case regarding whether property owned by a third party can be... Read More
Rights of legal father in legitimation action
The Georgia Court of Appeals recently addressed the rights of a legal father in a legitimation action brought by... Read More
Challenging your Georgia divorce decree? Don’t retain the benefits of that decree.
The Supreme Court of Georgia recently reinstated a bright line rule regarding a party retaining the benefits of a... Read More
Georgia Court of Appeals reverses Dekalb County Superior Court’s upward modification of child support
The Georgia Court of Appeals recently reversed a Dekalb County Superior Court’s grant of an upward child support... Read More
Georgia Supreme Court reverses ruling of Cobb County Superior Court on child support modification
The Georgia Supreme Court recently reversed a Cobb County Superior Court’s grant of a child support... Read More
Importance of specific language in Georgia divorce settlement agreement
The Georgia Supreme Court recently emphasized the importance of the specific language in a Georgia divorce... Read More
Can the paternity of a child born during a marriage be challenged?
Paternity testing during a divorce case is not extremely common, but this issue does arise. The Georgia Court of... Read More
Evidence in appeal of custody award
When presenting your divorce, custody modification, child support modification, or other family law case to the... Read More
Settlement Agreement Enforced Over Party’s Objection
Recently, the Georgia Court of Appeals affirmed the enforcement of a divorce settlement agreement over the... Read More
Contempt and Retirement Accounts
The Georgia Supreme Court recently heard a case wherein parties were divorced and the wife was awarded half of the... Read More
Fulton County jurisdiction ruling vacated in custody case
A decision of a Fulton County judge regarding jurisdiction in a custody modification case was recently overturned... Read More
Jury demand stricken in Gwinnett county divorce
Recently, the Supreme Court of Georgia affirmed a Gwinnett Superior Court’s granting of a wife’s motion to... Read More
Child Custody – Georgia Case Law Update
On March 23, 2009, the Supreme Court of Georgia affirmed the trial court’s denial of the wife’s motion for new... Read More
Parental Rights, Deprivation – Georgia Case Law Update
On March 13, 2009, the Georgia Court of Appeals affirmed the juvenile court’s termination of a father’s... Read More
Deprivation – Georgia Case Law Update
On February 23, 2009, the Georgia Court of Appeals affirmed the Dekalb county juvenile court’s deprivation... Read More
Child Custody – Georgia Case Law Update Part 2
On January 30, 2009, the Court of Appeals vacated the trial court’s award of custody to the child’s maternal... Read More
Deprivation (Procedural Issues) – Georgia Case Law Update
In the Georgia Court of Appeals finding of deprivation in In the Interest of B.H. (A08A1102) on November 17, 2008,... Read More
Deprivation – Georgia Case Law Update
On December 1, 2008, in In the Interest of A.R., the Georgia Court of Appeals affirmed the deprivation ruling of... Read More
Georgia Case Law Update – Visitation, Child Support, Marital Property
In Rumley-Miawama v. Miawama (S08F1541), the Supreme Court of Georgia heard a Wife's appeal from the judgment in... Read More
Georgia Family Law Case Update – Child Support, Declaratory Judgment
On November 3, 2008, the Supreme Court of Georgia reached decision by a 4 to 3 vote, that held a party could seek... Read More
Georgia Family Law Case Update – Contempt, Modification, Child Support, Health Care, and Attorney’s Fees
The Georgia Supreme Court issued an order today in Pineres v. George, S08A0773, which has several implications for... Read More
Self-executing child support provision in Georgia divorce settlement agreement
The Supreme Court of Georgia recently heard an interesting case regarding self-executing child support provisions... Read More
Georgia Case Law Update: Child Support Modification and Contempt case in DeKalb county, Georgia
The Georgia Court of Appeals has entered a decision on November 13, 2008 in regards to the effective date of a... Read More
In Georgia, do I pay alimony or child support if my divorce decree is appealed?
Atlanta divorce attorneys are often asked whether a party has to pay alimony or child support when the order... Read More
Georgia divorce case appealed over payment of transcript costs
A recent Georgia divorce case was appealed to the Supreme Court of Georgia due to payment of transcript costs.... Read More
Evidence at temporary hearing vs. final hearing in divorce case in Georgia
In Georgia, there is a difference between the evidence that can be presented in a temporary hearing versus a final... Read More
Waiver of alimony or child support modification must be clear and express
The Supreme Court of Georgia recently reversed a trial court's ruling that a Husband had waived his right to seek a... Read More
Georgia Supreme Court upholds short time period for lump sum alimony and property division payments in divorce case
The Georgia Supreme Court recently upheld a short time frame for payment of lump sum alimony and property division... Read More
Georgia Supreme Court affirms lump sum child support payment in divorce case
Though child support is generally thought of as being paid in monthly installments, the Georgia Supreme Court... Read More
Georgia Divorce Settlements
Sometimes in divorce cases, parties think that they have "settled" their case and don't need to attend the hearing... Read More
Responsive pleading required to get notice of final divorce hearing
In divorce and other family law cases, it is very important to follow the letter of the law in filing pleadings... Read More
Custody cannot be modified as part of contempt action in Georgia
The Georgia Court of Appeals recently re-emphasized long standing Georgia case law that prohibits custody from... Read More
Filing of transcript can be determinative in Georgia appeals
The Court of Appeals of Georgia recently heard a legitimation case that highlights the importance of including a... Read More
Georgia custody modification upheld where mother planned to move out of state with the child
A Georgia mother recently lost primary physical custody of her child when the court found that her planned move to... Read More
Timing of appeal is determinative in Georgia custody case
If you are considering appealing a Georgia custody order, it is important to consider the timing of your appeal.... Read More
Effect of Settlement Agreement on Estate after Death
Recently, the Georgia Court of Appeals heard a case where a divorce settlement agreement affected property in the... Read More
Transcript Extremely Important for Appeal of Georgia Family Law Cases
The Court of Appeals of Georgia recently heard a case which emphasizes the importance of having a transcript for... Read More
Georgia divorce and tax liability
The Supreme Court of Georgia recently reversed a decision of the trial court in a divorce case, which made certain... Read More
Voluntary Acknowledgment of Paternity in Georgia
The Georgia Court of Appeals recently heard a case regarding the implications of a signed voluntary acknowledgment... Read More
Child Support Modification: Jurisdiction – Georgia Case Law Update
On November 13, 2008, the Georgia Court of Appeals issued a ruling in Kean v. Marshall (A08A0828) regarding the... Read More
Deprivation – Georgia Case Law Update
On February 9, 2009, the Georgia Court of Appeals affirmed the Gwinnett county juvenile court’s finding that a... Read More
Deprivation – Georgia Case Law Update
On February 9, 2009, the Georgia Court of Appeals affirmed the Gwinnett county juvenile court’s finding that a... Read More
Grandparent visitation rights in Georgia
The Supreme Court of Georgia recently heard an interesting case regarding visitation rights for grandparents whose... Read More
Alimony award overturned due to husband’s inability to pay
The Georgia Supreme Court recently affirmed the Court of Appeals' reversal of an alimony award as contrary to the... Read More
Jurisdiction over custody modification when parents live in different states
One of the most confusing aspects of child custody cases can be where the case should be filed when the parents... Read More