Alexandrov v. Alexandrov
289 Ga. 126
| Ga. | 2011Background
- Divorced spouses: Julie Anne Alexandrov (wife) and Alex Alexandrov (husband) were finalized in March 2010.
- Wife sought discretionary appeal under Georgia family-law pilot project; appeal granted.
- Wife challenges trial court actions: exclusion of evidence on adultery, closing-argument limit, and fee-award procedure.
- Trial was a one-day bench proceeding with substantial documentary and testimonial financial evidence.
- Trial court issued oral findings; final judgment reflecting consideration of evidence.
- Court denied husband’s motion to dismiss the appeal and sanctions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adultery evidence adequate at trial | Alexandrov denied entry of adultery evidence | Adultery evidence was not improperly excluded | No error; trial considered admitted evidence and wife testified on adultery. |
| Closing argument limited to seven minutes | Wife had right to meaningful closing argument | Court properly limited time/content per Wilson rule | Waived on appeal; no reversible error due to failure to object at trial. |
| Attorney-fee award procedure | Trial court should have sua sponte held a hearing | Court acted within discretion—no mandatory hearing | No error; fees awarded based on financial evidence and court’s valuation of services. |
Key Cases Cited
- Wilson v. Wilson, 277 Ga. 801 (Ga. 2004) (closing argument rights are absolute but subject to time limits)
- Facey v. Facey, 281 Ga. 367 (Ga. 2006) (trial errors not preserved if not objected timely)
- Webster v. Webster, 250 Ga. 57 (Ga. 1982) (trial court may award fees based on financial evidence and services valued)
- Bulat v. Bulat, 280 Ga. 310 (Ga. 2006) (fee awards permissible without a formal hearing)
- Wright v. Wright, 277 Ga. 133 (Ga. 2003) (pilot project framework for family-law appeals)