Goulart v. Goulart, 31141

Decision Date30 June 1976
Docket NumberNo. 31141,31141
Citation227 S.E.2d 52,237 Ga. 174
PartiesJanet Thompson GOULART v. Farrell Edmond GOULART.
CourtGeorgia Supreme Court

Janet T. Goulart, pro se.

Roland L. Enloe, Jr., Fort Oglethorpe, for appellee.

HILL, Justice.

Farrell Edmond Goulart filed suit in Walker Superior Court for divorce. The wife answered and counterclaimed, seeking divorce, property settlement, child custody and child support. The trial court granted the husband's motion for divorce by judgment on the pleadings. The wife appeals.

1. The wife enumerates as error that the plaintiff husband was not a resident of Georgia. However, she admitted in her answer that she had been a resident of Walker County, Georgia, for the required six months. Code Ann. § 30-107. This enumeration of error is without merit.

2. The wife enumerates as error that the trial court granted the divorce without making provisions for child custody and support. The divorce was granted on motion for judgment on the pleadings and the court reserved jurisdiction as to child custody and support and other issues. This was not error. Marshall v. Marshall, 234 Ga. 393, 394, 216 S.E.2d 117 (1975).

Judgment affirmed.

All the Justices concur.

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2 cases
  • KURIATNYK v. KURIATNYK
    • United States
    • Georgia Supreme Court
    • March 1, 2010
    ...is the home state of the child...." See OCGA § 19-5-5(b)(2); Tanis v. Tanis, supra at 719(2), 242 S.E.2d 71; Goulart v. Goulart, 237 Ga. 174, 175(1), 227 S.E.2d 52 (1976). Compare Rice v. Rice, 223 Ga. 363, 364, 155 S.E.2d 393 (1967). In his notice of appeal, Husband stated that the "transc......
  • Manning v. Manning
    • United States
    • Georgia Supreme Court
    • October 5, 1976
    ...sought divorce on ground that marriage was irretrievably broken, wife sought divorce on ground of cruel treatment); Goulart v. Goulart, 237 Ga. 174, 227 S.E.2d 52 (1976) (both parties sought The rationale underlying those cases allowing divorce without trial was that where both parties want......

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