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
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 given... 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
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
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 – 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 – 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 – 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
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
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: 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
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
Bigamy case in Cobb County, Georgia
In Georgia, to be able to enter a valid marriage, a person must "have no living spouse of a previous unresolved... 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
Appeal of Georgia custody determination
The Supreme Court of Georgia often hears appeals of custody determinations, though the standard to overturn a... 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
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
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
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
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
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
Georgia Deprivation Finding Upheld – Georgia Case Law Update
On November 17, 2008, the Georgia Court of Appeals affirmed a Juvenile Court's finding of deprivation under... 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
Marital Property in Georgia – Georgia Case Law Update
On January 12, 2009, the Supreme Court of Georgia addressed an interesting issue regarding equitable division 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 Case Law Update: Child Support & Alimony (Gwinnett Superior Court)
On November 17, 2008, the Supreme Court upheld Judge Batchelor’s (Gwinnett Superior Court) decision in regards... 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
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
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 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
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
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
Georgia Child Support – Sufficient Support Needed for Deviations
The Supreme Court of Georgia recently vacated a child support order that had an unsupported deviation. Stowell v.... 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
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