GA divorce law provides that a trier of fact (i.e, the judge or jury) may consider the parties’ conduct during the marriage in deciding whether to award alimony, but evidence of the conduct is not admissible in determing the amount of the alimony awarded.  See O.C.G.A. 19-6-1(c).  Always consult with an attorney if you are [...]

The GA Supreme Court, in the recent case of Gonzales v. Gonzales, followed longstanding GA law and affirmed a lower court contempt judgment finding that property excluded from a divorce judgment remained jointly titled in the former spouses’ names.  “The rule of law … is clear [that] … a divorce decree must specifically describe and [...]

Georgia law does not recognize common law marriages contracted in Georgia after January 1, 1997.  However, a recent GA Supreme Court case shows that the issue can still arise in courts of this state.  In Norman v. Ault, the GA Supreme Court held that a common law marriage could be recognized in a GA trial court [...]

The failure to file an answer in a divorce case can deprive a litigant of the right to notice of a final hearing.  In the case of Ellis v. Ellis, the GA Supreme Court affirmed a trial court’s denial of a motion for new trial where the wife’s attorney failed to file an answer.  The [...]

All Georgia husbands and wives should keep in mind that gifts they either make to or receive from their spouse remain marital property subject to equitable division in a divorce case.  This principle was recently reaffirmed by the GA Supreme Court in the case of Coe v. Coe.  In that case, the Supreme Court affirmed [...]