Georgia law regarding separate property is extremely complex and somewhat unsettled. Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property. Under certain circumstances, a property that once was separate in nature can become marital by the actions of the parties. For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital. Similarly, comingling separate property and marital property may have a similar effect.
Mediation is an alternative form of divorce that is growing in popularity because of its many advantages over traditional court divorce.
Engagement and marriage are very joyous times, and although no one ever anticipates the premature end of their marriage or engagement, the reality is that not all marriages or engagements continue happily ever after. One common question that individuals have regarding family law is what happens to the engagement rings if the marriage or the engagement does go awry. Who gets to keep the ring: the man who likely purchased it, or the woman who it was given to? Many courts throughout the nation have considered this very question, and those courts have reached varying decisions. Despite the differences, one major theme is present, engagement rings are gifts. The only real question is whether the gift will be viewed as a completed gift or as a conditional gift by the court.
Georgia law recognizes that a spouses non-economic contribution to a marriage might be reflected in an equitable division of property, regardless of the actual legal ownership. In particular, separate property may be deemed (in whole or in part) marital property by the court upon divorce if the value of the property appreciated during the marriage and that appreciation was caused by the efforts of the other spouse. 
In Georgia, the Superior court does not have the authority to terminate a legal father’s parental rights and grant a biological father’s petition to legitimate a child as part of a divorce matter. Only the Juvenile Court has jurisdiction to terminate parental rights. The Superior Court has jurisdiction to terminate parental rights only as part of an adoption.
A DNA test confirmed that a man, not her husband, was the biological father of a married woman’s child! Trust us, it happens more than you would think! During the married couple’s divorce, the child’s father sought to intervene as a party to their divorce and petitioned to legitimate the child as his own. The Superior Court terminated the husband’s rights as the legal father and granted the child’s father’s petition to legitimate the child, giving him primary physical custody of the child.
In Georgia, the Superior Court has jurisdiction over legitimation matters concerning children who have been born out of wedlock. The Juvenile Court has exclusive jurisdiction for all matters concerning termination of parental rights. The one exception is in cases concerning adoption.
The child in the case was born “in wedlock” and so was automatically the legal or “legitimate” child of the husband. Opening the husband up to be on the hook for child support. When the Superior Court granted the child’s biological father’s petition to legitimate the child it had to terminate the parental rights of the husband, making the child “illegitimate” for the purpose of granting the child’s biological father’s petition to legitimate.
The problem is that while the Superior Court has jurisdiction over matters concerning legitimation, it only has the authority to terminate parental rights as part of an adoption. Since this case involved a divorce and legitimation, and was not an adoption, the Superior Court did not have jurisdiction to terminate the parental rights of the husband. Many make the mistake of the proper steps to take to solve their unique case, often resulting in denied petitions and considerable resources, wasted. To discuss the particulars of your case, contact us.
If you have a divorce, custody case, modification, contempt or any other kind of family law case, you should be aware of the importance of time. The time it takes your lawyer to file for you; the time you have to wait for a hearing and the time it takes to move your case along to a final resolution.
Forging Your Spouse’s Signature on Divorce Documents is NOT a wise idea…In Fact, It May Land You In Jail