Blog
Severability Clauses in Georgia Divorce Settlements
A Georgia settlement agreement can survive the loss of one promise, but a severability clause has no place once the agreement becomes a divorce decree.
Read MoreThe Doctrine of Merger in Georgia Divorce Settlements
Under Georgia's merger doctrine, negotiations and agreements not written into the divorce decree are presumed merged into it and are not binding on their own.
Read MoreWhat Makes a Divorce Settlement Valid in Georgia?
A Georgia divorce settlement is an ordinary contract that needs the four elements of OCGA 13-3-1 and no special form, but the judge must still approve it.
Read MoreWho Pays the Mortgage After a Georgia Divorce?
A Georgia divorce agreement's mortgage terms are enforced as written: pay on time, meet the refinance deadline, and keep paying your ex after the house is sold.
Read MoreWhy Georgia Courts Favor Divorce Settlements
Georgia law strongly favors settlement agreements in divorce, and a court will generally make an undisputed agreement its own judgment rather than try the case.
Read MoreA Divorce Judge's Discretion in Georgia
A Georgia divorce judge has broad discretion over how a trial is run, but the record has to show that the discretion was actually exercised.
Read MoreCourt-Ordered ADR in a Georgia Divorce
A Georgia judge can order you to attend mediation before trial, but the order cannot require you to settle, and you can petition to be removed.
Read MoreDirected Verdicts in a Georgia Divorce
A directed verdict takes an issue away from the jury, but only when the evidence is one-sided enough that it leaves the jury nothing to decide.
Read MoreMistrials in a Georgia Divorce Trial
Whether to grant a mistrial in a Georgia divorce is left to the trial judge, and a rebuke with an instruction to the jury is usually the remedy.
Read More