Q: How do I find some case law that defines what common-law is in Georgia?
I have a mediation tomorrow and my NHL hockey pension will depend on the mediator's view of when common-law began.
A:
19 COLONIAL RECORDS OF GEORGIA, 1774-1805 (Pt. 2) 290-92 (Candler ed. 1911). Declares that the common law of England is in full force and effect unless it is inconsistent with the Georgia constitution, laws, and form of government.
Hornsby v. Smith, 191 Ga. 491, 13 SE.2d 20 (1941). Holds that common law rules unsuited to the conditions in Georgia are not in force there and that the above Act does not make it so.
It is highly unlikely that there are common law rules applicable to pensions, and (since you posted this in the area of divorce law) there is probably a statute applicable to the division of pensions in divorce proceedings in Georgia. There are definitely federal laws addressing Qualified Domestic Relations Orders (QDROs) which are authorized by the Employee Retirement Income Security Act of 1974 (ERISA).
This is one of those occasions where it would be foolish to attend mediation and agree to a divorce settlement without consulting a competent experienced divorce lawyer in or near the county where your divorce proceeding is pending. Compliance with applicable laws and regulations governing QDROs is essential to ensure that any agreement is enforceable against a third-party administrator of a pension plan.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
