Hunter v. Hunter
289 Ga. 9
| Ga. | 2011Background
- Carol and Ernest Hunter married in July 1995; no children and no alimony requested, so property division is the central issue.
- Carol initially filed for divorce in 2006; case dismissed by mutual agreement in 2007, then Carol pursued separate maintenance in 2008 while Ernest counterclaimed for divorce.
- Trial court conducted a bench trial and on November 20, 2009 required Carol to pay into the court registry the remaining funds from a $250,000 line of credit linked to the marital residence, obtained in violation of a prior order.
- Final divorce judgment entered December 15, 2009; Carol moved for new trial; Ernest moved to hold Carol in contempt for not paying the full amount into the registry.
- January 29, 2010 the court denied Carol’s motion for a new trial and held her in contempt of the November 20, 2009 order; appellate discretionary review granted under the court’s divorce pilot project.
- The appellate court affirmed, holding no abuse of discretion in property division, in denial of attorney fees, in contempt finding, and in post-judgment findings of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Property division whether equitable division was proper | Hunter argues division was improper. | Hunter contends equal division required by law. | No abuse; equitable, not necessarily equal, division. |
| Attorney fees eligibility and basis | Carol seeks attorney fees. | Ernest disputes fee award under OCGA § 19-6-2. | Discretionary denial affirmed; award presumed under § 19-6-2. |
| Contempt for failing to fund registry | Carol lacked ability to pay remaining $8,000. | Court found she could pay; proper contempt basis. | Contempt affirmed; court did not abuse discretion. |
| Findings of fact and conclusions of law after bench trial | Carol sought post-judgment findings per OCGA § 9-11-52(c). | Trial court had discretion to grant or deny. | No abuse; trial court did not abuse discretion in denying findings. |
Key Cases Cited
- Wright v. Wright, 277 Ga. 133 (2003) (equitable division need not be equal)
- Taylor v. Taylor, 283 Ga. 63 (2008) (trial court broad discretion in equitable division)
- Simmons v. Simmons, 288 Ga. 670 (2011) (attorney-fee awards under § 19-6-2; discretion standard)
- Mongerson v. Mongerson, 285 Ga. 554 (2009) (discretion to award fees; relative financial positions)
- Payson v. Payson, 274 Ga. 231 (2001) ( OCGA § 9-11-52(a)/(c) findings rule clarified)
- Greene County v. North Shore Resort at Lake Oconee, LLC, 238 Ga. App. 236 (1999) (trial court discretion on post-judgment findings)
- R.R.R. L.P. v. Recreational Svcs., 267 Ga. 757 (1997) (contempt standard; broad discretion of trial court)