Construction
Construction and interpretation of divorce settlement agreements in Georgia.
Ambiguity Is Construed Against the Drafter in Georgia
If a Georgia divorce agreement is genuinely ambiguous, the doubt is resolved against the spouse who drafted it or who took on the obligation.
Read MoreCan a Georgia Divorce Agreement Be Void for Vagueness?
Georgia courts rescue vague divorce agreement terms by construction whenever they can; only a provision that is hopelessly ambiguous is unenforceable.
Read MoreHow Georgia Reads a Divorce Settlement Agreement
A Georgia divorce settlement agreement is construed like any other contract: the judge looks for the parties' intent and will not rewrite the deal.
Read MoreNo Contempt for an Ambiguous Georgia Divorce Decree
A Georgia court can construe an ambiguous divorce decree, but it cannot hold a spouse in contempt for breaking a term that was unclear until the court read it.
Read MorePlain Meaning in a Georgia Divorce Agreement
When the words of a Georgia divorce agreement are clear, the court enforces them as written, even where the result is harsher than a spouse expected.
Read MoreThe Four Corners Rule for Georgia Divorce Agreements
Georgia courts find the intent behind a divorce agreement inside the document itself, read as a whole and in light of the circumstances when it was signed.
Read MoreThe Parol Evidence Rule in Georgia Divorce Agreements
In Georgia, outside evidence cannot add to or contradict a written divorce agreement, but it can explain a term that is genuinely ambiguous.
Read MoreThree Steps to Reading a Georgia Divorce Agreement
A Georgia court construes a divorce agreement in three steps, and a jury sees it only if the rules of construction cannot resolve an ambiguity.
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