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Decree Language That Incorporates a Settlement
To incorporate a settlement, a Georgia divorce decree must show the court approved it and made it the judgment; merely reciting the agreement is not enough.
Read MoreNo Settlement Until Every Essential Term Is Agreed
In Georgia there is no divorce settlement until every essential term is agreed. An agreement to agree later fails, but nonessential details can be left open.
Read MoreThe Duty to Read Before You Sign a Settlement
Georgia binds you to a divorce settlement you signed without reading, unless an emergency, a trick by the other side, or a confidential relationship excuses it.
Read MoreWhen Is a Lawyer-Negotiated Settlement Binding?
A settlement your lawyers negotiated binds you in Georgia once counsel had authority, the court was told, and the essential terms were written, signed or not.
Read MoreBurden of Proof in a Georgia Divorce
In a Georgia divorce the burden of proof sits with the spouse asserting a claim, and simply opposing that claim does not shift it to the other side.
Read MoreClear and Convincing Proof in Family Law
Some Georgia family law decisions require clear and convincing evidence, a standard above a preponderance but below proof beyond a reasonable doubt.
Read MoreThe Preponderance Standard in a Divorce
Almost every question in a Georgia divorce is decided by a preponderance of the evidence, which means the superior weight of it and nothing more.
Read MoreGeorgia's Child Hearsay Statute
Georgia's child hearsay statute lets an adult repeat what a child under 16 said about abuse, but only on three conditions.
Read MoreThe Guardian ad Litem's Testimony at Trial
In a Georgia custody trial the guardian ad litem is the court's witness, testifies as an expert on the child's best interest, and can be cross-examined.
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