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What is Dormancy and How Can it Impact My Georgia Divorce?

In Georgia, judgments entered by a court generally go dormant, meaning they are no longer enforceable, if seven years elapse, and the party entitled to enforce the judgment does not seek enforcement. See O.C.G.A. § 9-12-60. Basically, section 9-12-60 of the Official Code of Georgia places a limitations period on how long individual may take to enforce their judgment.

Dormancy is relevant to Georgia divorce, because like in general civil suits, divorce matters are resolved when the presiding court enters a Final Order and Decree. In many divorce cases, these final orders often award parties money and/or interests in property. If a former spouse is awarded a sum of money that must be paid by the other former spouse, and the obligated former spouse fails to pay as ordered, the entitled spouse may seek enforcement of the court’s order. However, if the entitled party fails to seek enforcement in a timely manner (within the 7 year limitations period) the judgment may become dormant and unenforceable. See Corvin v. Debter, 281 Ga. 500 (2007).

Allowing a judgment to become dormant may have disastrous, and potentially irreversible results. It is important to seek the assistance of an Atlanta Divorce attorney in the event your ex-spouse fails to comply with the court’s order post-divorce in order to protect your rights.

 

 

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