Doritis v. Doritis
294 Ga. 421
Ga.2014Background
- Husband and wife divorced in March 2012 with a settlement incorporated into the final decree.
- Wife filed a contempt petition alleging Husband failed to turn over jewelry from a basement safe.
- Husband counterclaimed for contempt alleging Wife failed to comply with parenting/visitation provisions and failed to reimburse home repair costs.
- Trial court found the parties had an agreement on jewelry distribution and ordered Husband to return items or compensate Wife for items sold.
- Court valued remaining jewelry at $40,000 and devised a method to account for missing items; ordered list of disputed home repair expenses for court review.
- Trial court denied contempt for Wife on visitation issues but held authority over child counseling/visitation decisions; judgment affirmed in part and reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jewelry distribution violated the decree as an impermissible modification. | Doritis argues the decree set a final, exclusive inventory for division. | Wife-equivalent argues agreement on jewelry allowed under decree's procedures. | Not an improper modification; court enforced a party agreement under the decree. |
| Whether the trial court's valuation of jewelry was supported by credible evidence. | Doritis asserts insufficient credible valuation. | Wife's inventory valued at $40,000; undisputed at hearing. | Valuation supported; method reasonable given missing items. |
| Whether the term 'repairs' in the decree includes Wife's claimed household expenses. | Doritis contends broader reimbursement for repairs. | Wife contends only specific repair credits at sale were intended. | Reasonable interpretation; not a modification of decree. |
| Whether withholding net proceeds from the home sale to enforce jewelry restitution was improper modification. | Doritis contends pre-condition to net proceeds exists in decree. | Wife argues no such pre-condition in decree. | Improper modification; reverse that portion of the ruling. |
| Whether the trial court properly handled contempt/visitation issues given the child's preferences and age. | Doritis claims wife failed to comply with visitation terms. | Wife did not violate visitation; child chose not to visit; court exercised discretion over counseling. | No abuse of discretion; child’s wishes and best interests were considered. |
Key Cases Cited
- Buckley v. Buckley, 239 Ga. 433, 434 (1977) (Ga. 1977) (decree interpretation of property division principles in contempt context)
- Hamilton v. Hamilton, 292 Ga. 81 (1) 734 SE2d 355 (2012) (Ga. 2012) (endorses enforcing a decree through contempt when appropriate)
- Hudson v. Hudson, 220 Ga. 730 (141 SE2d 453) (Ga. 1965) (reiterates statutory/enforcement framework for contempt orders)
- Killingsworth v. Killingsworth, 286 Ga. 234, 236 (686 SE2d 640) (Ga. 2009) (clarifies when contempt rulings involve clarification vs modification)
- Cason v. Cason, 281 Ga. 296, 297 (1) (637 SE2d 716) (Ga. 2006) (guides interpreting divorce decrees by looking at four corners of agreement)
- Ward v. Ward, 236 Ga. 860, 861 (226 SE2d 52) (Ga. 1976) (intent of the parties governs decree interpretation)
- Worley v. Whiddon, 261 Ga. 218 (403 SE2d 799) (Ga. 1991) (limits on supervisory authority over child visitation/counseling)
