Rymuza v. Rymuza
292 Ga. 98
Ga.2012Background
- Husband Jeffrey Rymuza and Wife Andreana Rymuza married on April 4, 2008; no children.
- Husband filed for divorce March 2, 2009 in Houston County, the marital residence location.
- Wife answered and counterclaimed; reconciliation motion filed March 19, 2010; amended answer and counterclaim for divorce filed June 30, 2011.
- Final hearing held June 30, 2011; court dismissed Husband’s complaint and Wife’s counterclaim after finding sex after filing.
- Wife moved back into the residence July 2011; August 2011: tensions, police calls, arrest events; temporary protective order sought.
- Husband filed another divorce action September 8, 2011; service attempted; publication served October 6, 2011; Wife did not respond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment was effectively a default and how it affected rights | Rymuza contends default-like proceedings denied her evidence and cross-examination | Rymuza asserts final hearing occurred with both sides present; no default | No default; final hearing occurred with both parties; no error on default premise |
| Whether service by publication deprived Wife of due process | Service by publication was insufficient and violated due process | Service by publication authorized; Wife domiciled in Georgia; due process satisfied | Service by publication did not deprive due process given domicile and actual notice |
| Whether venue in Houston County was proper | Venue proper in Houston County under plaintiff's residence and domicile facts | Challenge to venue; disputed residency/domicile | Venue in Houston County proper; supported by evidence of Wife's residence and stay |
| Whether the divorce decree affected alimony or property other than the divorce itself | Court had jurisdiction to award ancillary relief and divide assets | Divorce decree limited to divorce; prenuptial agreement governs other issues | Judgment granted only divorce; does not purport to resolve property rights beyond the prenuptial agreement |
Key Cases Cited
- Hinson v. Hinson, 218 Ga. 447 (1962) (divorce proceedings require opportunity to contest; no default)
- Hammack v. Hammack, 281 Ga. 202 (2006) (no default; if no defensive pleadings, court must hear supporting proof)
- McCoy v. McCoy, 281 Ga. 604 (2007) (divorce granted on irretrievable breakdown where no contrary evidence proffered)
- Abernathy v. Abernathy, 267 Ga. 815 (1997) (personal jurisdiction needed for alimony/major property orders; divorce may proceed with domicile)
- Autrey v. Autrey, 288 Ga. 283 (2010) (residence and domicile findings reviewed for substantial evidence)
- Ware v. State, 279 Ga. 17 (2005) (burden on appellant; record completeness required for error on prior ruling)
- Graham v. Ault, 266 Ga. 367 (1996) (limits on appellate review; reliance on record presented)
- Petkas v. Grizzard, 252 Ga. 104 (1984) (preservation of rulings requires designation of materials on appeal)