Crecelius v. Brooks, 45627

• Decision Date: 01 July 1988
• Docket Number: No. 45627,45627
• Citation: 369 S.E.2d 743,258 Ga. 372
• Parties: CRECELIUS v. BROOKS.
• Court: Georgia Supreme Court

Page 743

369 S.E.2d 743

258 Ga. 372

CRECELIUS v. BROOKS.

No. 45627.

Supreme Court of Georgia.

July 1, 1988.

Bill W. Crecelius, Jr., Crecelius & Crecelius, Decatur, Pro per.

Joseph E. Cheeley, Jr., Cheeley and Cheeley, Buford, for Shirley C. Brooks.

WELTNER, Justice.

The former wife filed a modification petition in 1986, pursuant to a divorce decree of 1982. The trial court awarded her attorney fees under OCGA § 19-6-19(d), which became effective in 1984. ¹

1. The issue of attorney's fees in divorce cases is remedial and ought to be considered broadly by the trial court. See generally OCGA § 1-3-5 and Bryan v. Bryan, 242 Ga. 826, 828-9, 251 S.E.2d 566, 251 S.E.2d 566 (1979). Accordingly, we will apply this provision to modification petitions filed after its effective date, without regard to the date of the underlying decree.

2. To the extent that Norman v. Norman, 255 Ga. 32, 334 S.E.2d 687 (1985) might indicate to the contrary--as to attorney's fees --it is disapproved. Compare Haselden v. Haselden, 255 Ga. 366, 368, 338 S.E.2d 257 (1986). Summerlin v. Summerlin, 247 Ga. 5, 274 S.E.2d 523 (1981), relating only to modification, is inapplicable.

3. The trial court's award of attorney fees was not error.

Judgment affirmed.

All the Justices concur.

1 OCGA § 19-6-19(d) permits an award of attorney fees to the prevailing party "[i]n proceedings for the modification of alimony for the support of a spouse or child pursuant to the provisions of this Code section."