Heath v. Heath, 45022

• Decision Date: 04 February 1988
• Docket Number: No. 45022,45022
• Citation: Heath v. Heath, 364 S.E.2d 272, 257 Ga. 777 (Ga. 1988)
• Parties: HEATH v. HEATH.
• Court: Georgia Supreme Court

Page 272

364 S.E.2d 272

257 Ga. 777

HEATH v. HEATH.

No. 45022.

Supreme Court of Georgia.

Feb. 4, 1988.

Martin L. Cowen III, Cowen & Cowen, Jonesboro, for Ida Mae heath.

Charles Edward Heath, pro se.

CLARKE, Presiding Justice.

We are called upon to determine whether a valid foreign divorce decree bars a Georgia action for alimony and property division when the Georgia party has no contacts in the foreign state. The trial court in this case dismissed the Georgia action and we affirm but conclude that the dismissal does not bar a new proceeding for alimony and property division in Georgia.

The parties married in 1983 and lived together in Georgia until they separated in 1985. The husband now lives in North Carolina and the wife resides in Clayton County, Georgia. The husband filed a divorce action in North Carolina in 1986, serving the wife by certified mail. She did not answer or otherwise submit herself to the jurisdiction of the court and has never lived in North Carolina. The action in that state resulted in a divorce decree with no treatment being given to the issues of alimony or property division.

After the filing of the North Carolina suit, but before the entry of the decree, the wife filed an action in Georgia praying for divorce, alimony and property division. The Georgia trial court granted the husband's motion to dismiss on the grounds that the North Carolina divorce bars a divorce action in Georgia. The court's order specifically says the dismissal is with prejudice.

We agree that the North Carolina decree is entitled to full faith and credit and that the issue of divorce is moot and should be dismissed. We do not, however, agree that the North Carolina divorce action bars a suit for alimony and property division in Georgia. If a foreign court has in personam jurisdiction over the defendant, it may adjudicate property rights such as alimony, child support, and title to real property. Whitaker v. Whitaker, 237...