Spurlin v. Spurlin
289 Ga. 818
| Ga. | 2011Background
- Spurlins married in 1998 and had two children.
- Wife filed a divorce in 2007, dismissed after reconciliation and postnuptial reconciliation agreement.
- Agreement provided Husband receive marital residence and primary physical custody; joint legal custody for both.
- 2010 Wife filed divorce; Husband moved to enforce postnuptial; court found agreement valid for alimony/property, custody left to court.
- Trial court ratified the postnuptial under OCGA § 19-9-5(b); custody decided under OCGA § 19-9-3(a)(3).
- Wife moved for discretionary appeal; transcript unavailable due to Wife’s failure to arrange takedown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether full and fair disclosure supported enforcement | Spurlin argues disclosure was deficient | Spurlin contends disclosures adequate under findings | Full and fair disclosure found; enforcement upheld |
| Custody affected by a prior postnuptial | Wife asserts postnuptial governs custody | Husband argues best interests analysis controls | Custody based on best interests under 19-9-3; not solely on postnuptial |
| Review despite missing transcript evidence | Wife notes no transcript; challenging review | Record presumed adequate for review | Court assumed sufficient evidence; still reviewed law and findings |
Key Cases Cited
- Holmes v. Roberson-Holmes, 287 Ga. 358 (2010) (evidentiary review without transcript possible when properly found)
- Blue v. Blue, 279 Ga. 550 (2005) (review where evidentiary basis exists despite record gaps)
- Lawrence v. Lawrence, 286 Ga. 309 (2009) (full and fair disclosure analysis for reconciliation agreements)
- Sapp v. Canal Ins. Co., 288 Ga. 681 (2011) (evidentiary review when no transcript available)
- LaFont v. Rouviere, 283 Ga. 60 (2008) (separate best-interests custody analysis permissible)
- Mallen v. Mallen, 280 Ga. 43 (2005) (acknowledges reliance on preexisting information in reconciliation)