2002-03-14 divorce agreement

2002 Divorce Settlement: 2002-03-14 divorce agreement

Erratum

The Nissan's model year is actually 1987, not 1988

Text

Civil Action File No. SU-01-CV-2402-S

This agreement, made and entered into this 14 day of March, 2002, by and between Martha Livia Staddon Wade, (hereinafter referred to as "Wife"), and Nicholas Wade Staddon, (hereinafter referred to as "Husband");

Witnesseth

Whereas, the parties hereto are Husband and Wife, having been lawfully married on October 8, 1991, but have been living in a bona fide state of separation since on or about November 1, 2001, and are now living in a bona fide state of separation; and,

Whereas, the parties hereto are parties to a divorce action filed with the Superior Court of Athens-Clarke County, Georgia, and enter into this Agreement for the purpose of making a settlement of all rights and liabilities as to support, alimony, and division of property;

Now, therefore, for and in consideration of the mutual promises, covenants, conditions, and obligations of the parties hereto as hereinafter set forth, it is hereby agreed by and between the parties as follows:

1

Husband and Wife shall hereafter live separate and apart, each free from all dominion, restraint, or control by the other, either direct or indirect. Each party shall hereafter reside at such place or places as he or she may select.

2

Neither party shall molest nor interfere with the other or compel nor attempt to compel the other to cohabit or dwell with him or her by any means whatsoever.

3

There is one child born of this marriage: Anna Nikola Tesla Staddon, born November 25, 1994.

4

Wife shall have full custody of the parties' minor child, subject to Husband's visitation rights as set forth herein.

5

The parties have agreed to the following visitation schedule:

(A) Father shall have the right to have the child visit with him on the first and third weekend of each month from 6:00 p.m. on Friday, until 6:00 p.m. on Sunday;

(B) Mother shall have the child on every Mother's Day from 9:00 a.m. until 6:00 p.m.; Father shall likewise have the child on Father's Day from 9:00 a.m. until 6:00 p.m. regardless of the weekend;

(C) Father shall have the right to have the child visit with him on the child's birthday in even numbered years;

(D) Father shall have the right to have the child visit with him from 5:00 p.m. until 8:00 p.m. on the Father's birthday; in the event that Father's birthday falls on a weekend which is not normally the Father's visitation weekend, the Father shall have the right to have the child visit with him from 5:00 p.m. until 8:00 p.m. on the day of Father's birthday;

(E) Mother shall have the right to have the child visit with her on Valentine's Day and St. Patrick's Day every year from 5:00 p.m. until 8:00 p.m.;

(F) Father shall have the right to have the child visit with him for three (3) days during the child's Spring break from school;

(G) Easter Sunday visitation shall be as follows: Mother shall have the right to have the child visit with her on Easter Sunday from 9:00 p.m. until 6:00 p.m. every year;

(H) Father shall have the right to have the child visit with him from 9:00 a.m. to 6:00 p.m. on July 4th every year;

(I) Mother shall have the right to have the child visit with her on July 21 every year to celebrate the grandmother's birthday;

(J) Thanksgiving holidays shall be as follows: Father shall have the right to have the child visit with him for a mutually agreed upon 24 hour period during Thanksgiving Weekend every year, same being defined as the Wednesday before Thanksgiving at 6:00 p.m. to the following Sunday at 6:00 p.m.;

(K) Christmas vacation shall be alternating as follows: In even numbered years Father shall have the right to have the child visit with him from 6:00 p.m. on the child's last day of school until 9:00 a.m. on Christmas Eve, and from 9:00 a.m. on Christmas Day until 9:00 a.m. on December 26. In even numbered years Mother shall have the right to have the child visit with her from 9:00 a.m. on Christmas Eve until 9:00 a.m. on Christmas Day, and from 9:00 a.m. on December 26 until 6:00 p.m. on January 1. In odd numbered years Mother shall have the right to have the child visit with her from 6:00 p.m. on the child's last day of school until 9:00 a.m. on Christmas Day. In odd numbered years Father shall have the right to have child visit with him from 9:00 a.m. on Christmas Day until 6:00 p.m. on January 1.

(L) Father shall have the right to have the child visit with him one week during the summer months, Summer being defined as June 1 through August 1 with the Father having the duty to notify Mother of his intention to exercise his visitation rights no later than May 15th of each year.

It shall be the responsibility of the Father to pick up the child from and deliver the child to the residence of the Mother during the visitation periods set out above so long as Mother does not move her residence more than 100 miles from its current location. In the event Mother moves her residence more than 100 miles from its current location, the parties agree to modify the visitation specified herein to allow Father reasonable visitation with the child with Mother sharing the expense of the child's transportation to facilitate the modified visitation.

6

In the event that Husband takes the child out of the state of Georgia for any reason, he shall provide to Wife a phone number and address of the destination, and the length of time he intends to be out of state with the child.

7

Beginning March 1, 2002, Husband shall pay to Wife as child support the sum of $750.00 per month, $350.00 per month of which is husband's income from rental property and $400.00 of which husband shall pay directly to Wife. Wife collects the rental income for Husband's credit against child support. Failure of any tenant to pay rent does not waive or excuse Husband's obligation for child support. Husband agrees to increase the child support by five (5) percent each year. Such increase shall be effective April 1 of each calendar year. These child support payments shall continue until such time as the minor child attains the age of eighteen (18) years, dies, marries or becomes self-supporting, whichever event shall first occur with respect to the child except that if the child reaches eighteen (18) years of age before she has finished high school, the support shall continue until the child graduates from high school.

8

Wife is covered by health insurance provided by her employer and agrees to maintain coverage for the child. Wife agrees to be responsible for all deductibles, co-payments and out of pocket medical expenses for the child.

9

For 2001 and for every subsequent year thereafter, Wife shall be entitled to claim the child as a dependent for state and federal income tax purposes.

10

The parties equitably divide their real and personal property as follows:

(A) Wife will retain title to the 4 acres deeded to her by her grandmother, Ann Burgess, located on Danielsville Road in Athens-Clarke County, and the 18 acres also located on Danielsville Road in Athens-Clarke County, purchased from G. Davis Lewis, Jr., on June 12, 2000. Husband agrees to quit claim all interest in such real property to Wife. Wife assumes responsibility for the debt to G. Davis Lewis, Jr. for the 18 acres of land in Clarke County and agrees to hold Husband harmless for the balance of said debt.

(B) Wife shall have sole and exclusive ownership, possession and use of the 1987 Honda Accord vehicle and the 1975 Chevrolet Pickup Truck. Wife agrees to pay all operating expenses and insurance connected with the operation of the vehicles.

(C) Husband shall have sole and exclusive ownership, possession and use of the 1982 Mercedes Benz automobile and the 1988 Nissan station wagon. Husband agrees to pay all operating expenses and insurance connected with the operation of the vehicles.

(D) The parties agree that all personal property has been divided and each shall enjoy permanent and exclusive ownership, possession and use of that personal property in his or her possession and hold the other harmless for any default or nonpayment of any indebtedness for the same.

(E) Any and all savings accounts, certificates of deposit, or shares of common stock in the name of either party shall remain the property of that party and the other party shall make no claim to same.

11

Husband shall indemnify and hold Wife harmless from any debt incurred by him individually. Wife shall indemnify and hold Husband harmless from any debt incurred by her individually. Each party shall be responsible for any indebtedness they have incurred or may incur individually and shall hold the other harmless for any default or nonpayment of any indebtedness incurred individually during the marriage or after the granting of the divorce. The indemnifications each party represents to the other:

(A) That each party has had the opportunity to obtain independent legal counsel of his or her own selection in the negotiation of this Agreement. James C. Warnes represents Wife and has not given any advice or made any representations to Husband other than to advocate for Wife.

(B) Each party understands the facts and has been fully informed as to his or her legal rights and obligations and each has signed this Agreement freely and voluntarily intending to be bound by it.

(C) Each party agrees and understands that this Agreement constitutes the entire contract between the parties. It supersedes any prior understandings or agreements between the parties on the subjects covered by this Agreement. There are no representations or warranties other than those set forth herein.

(D) Each party hereby agrees and understands that the other party is entitled to live separate and apart, free from any harassment by each other of any nature whatsoever.

(E) No waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

13

It is hereby agreed (and prayed of the Court by the parties hereto) that this Agreement shall be appended to and made a part of the judgment and decree of this Court in the divorce case between the parties in the Superior Court of Athens-Clarke County, Georiga, and that the divorce action may be tried before the Judge of that Court without the intervention of a jury at any time after the appearance date of that case, and both parties waive any further notice of the date, time, or place of the final decree to be entered in such case.

14

This Agreement is entered into as the full and final agreement between the parties for the purpose of settling all issues of support, alimony, and division of property either party to this action may have against the other.

15

Failure of either party to insist upon the strict compliance with and of the terms of this Agreement shall not constitute a waiver of such terms or provisions or of any other term or condition set out herein.

In witness whereof, the Wife has hereunto set her hand and affixed her seal, this 14 day of March, 2002.

(signatures and seals follow)