Goulart v. Goulart, Supreme Court of Georgia (Decided June 30, 1976)

Factual and Procedural Background

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 judgment on the pleadings, awarding the divorce, and it reserved jurisdiction as to child custody, support, and other issues. The wife appealed.

Legal Issues Presented

Whether the trial court erred in granting the divorce because the plaintiff husband was not a resident of Georgia.
Whether the trial court erred in granting the divorce without making provisions for child custody and support.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Marshall v. Marshall, 234 Ga. 393, 394 (216 S.E.2d 117) (1975)	That reserving jurisdiction as to child custody and support when granting a divorce on a motion for judgment on the pleadings is not error.	The court relied on this precedent to hold that reserving jurisdiction over child custody and support was not error in affirming the judgment.

Court's Reasoning and Analysis

The court addressed the wife's enumerations of error in two steps.

Residency: The wife had alleged the husband was not a Georgia resident. The court noted the wife admitted in her answer that she had been a resident of Walker County, Georgia for the required six months under Code Ann. § 30-107. Based on that admission, the court found the residency enumeration without merit.
Child custody and support: The wife contended the court erred by granting the divorce without provisions for child custody and support. The court explained the divorce was granted on a motion for judgment on the pleadings and that the trial court expressly reserved jurisdiction as to child custody, support, and other issues. Citing Marshall v. Marshall, the court held this reservation was not error.

Holding and Implications

Judgment affirmed.

Direct effect: The trial court's grant of divorce to the husband and its reservation of jurisdiction concerning child custody and support were upheld; the wife's appeal was denied. The opinion does not announce a new rule beyond applying existing authority.

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GOULART v. GOULART.

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.