Friday, April 28, 2006

Case Law Development: Achieving a Clean Break May Justify Unequal Distribution of Property in Divorce

The Supreme Court of Georgia affirms a trial court's division of marital property in such a way that wife (who had moved to New Zealand) was awarded the real property and personalty in New Zealand and Husband was awarded the real property, personalty, and business in Georgia.  This division resulted in an unequal distribution of assets, but the court held that equitable division did not require equality.  The fact that the division achieved a "rough parity" between the parties, along with a justification of attempting to leave the parties as entangled as little as possible, supported the award.

Waters v. Waters, 2006 Ga. LEXIS 243 (April 25, 2006)
Opinion on the web (last visited April 28, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_36.html

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