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Case Law Reviews: Settlement Agreement

DeRyke v. Teets, S10A0710

Categories: Divorce, Settlement Agreement

Husband and Wife entered into a settlement agreement which provided that each party waived all of his or her right, title, and interest in and to, among other things, employment benefit plans.  The settlement agreement was incorporated into their final judgment and decree of divorce which was entered on September 25, 2008. Five days after Read More

Gonzalez v. Crocket, S10A0452

Categories: Settlement Agreement

Trial court did not err in clarifying that the “marital residence” described in the parties’ decree only described the marital home and the 5 acre tract it sat on, and not the surrounding 21.9 acre tract. Husband misplaced reliance on Court’s holding in Messaadi v. Messaadi, 282 Ga. 126, 646 S.E.2d 230 (2007). Court explains Read More

Greene v. Greene, A10A1463-A10A1464

Categories: Child Custody, Settlement Agreement

These appeals arose from Wife’s motion for contempt against Husband for violating the terms of their Settlement Agreement. Husband’s appeal (A10A1463) concerned two related enumerations of error. First, Husband argued that the trial court erred when it found him in contempt of a provision in the Settlement Agreement that gave Wife final decision making authority Read More

Holland v. Holland, S10A1158

Categories: Marital Property, Settlement Agreement

The parties purchased a lake house after they married and titled it solely in Wife’s name. Wife took out a line of credit, with lake house as collateral, to use as a down payment on the marital residence. Wife subsequently extended the same line of credit, putting additional money into the couple’s business. The parties Read More

Morgan v. Morgan, S10A1365

Categories: Divorce, Marital Property, Modifcation, Settlement Agreement

Facts: Husband and Wife divorced in 2007 by Decree, incorporating a settlement agreement. H was member of U.S. Navy. Agreement stated that, upon H’s retirement, W was entitled to only the portion of his retirement benefits that Navy required be paid to her. If such payments were required, H agreed to sign all documents to ensure Read More

Sponsler v. Sponsler, S10F0299

Categories: Settlement Agreement

Trial court was authorized to find an agreement existed between the parties and to make that agreement part of the final decree, despite Husband’s contention otherwise. At trial, Husband testified that he understood the agreement would be set forth on the record. Neither party objected to the Judge affirming she understood there was an agreement Read More