158 Ga. 395 | Ga. | 1924
1. As a general rule, in actions for divorce the courts will grant to the wife temporary alimony and necessary and reasonable counsel fees, on the ground that they are necessary to furnish her the means with which to test the sufficiency of the grounds of her libel for divorce. Civil Code (1910), § 2976; Sprayberry v. Merk, 30 Ga. 81 (76 Am. D. 637); Van Dyke v. Van Dyke, 125 Ga. 491 (54 S. E. 537); Waycaster v. Waycaster, 150 Ga. 75 (102 S. E. 353).
2. In a suit by a wife tor divorce, the judge in the exercise of a sound discretion may deny temporary alimony for the support of the wife and grant alimony for the support of the children alone. Rochester v. Rochester, 124 Ga. 993 (53 S. E. 399); McCallum v. McCallum, 157 Ga. 795 (122 S. E. 231).
3. Pending a libel for divorce the judge in the exercise of a sound discretion may, as between the parties, temporarily award custody of the children. Civil Code (1910), § 2971.
4. Under proper construction of the order of the court awarding the custody of the children to the wife, such disposition was temporary and not permanent.
5. Under the pleadings and the evidence in the case, the judge did not abuse his discretion in awarding temporary custody of the minor children to the wife on the terms specified in the order; nor did he err in awarding the wife attorney’s fees and temporary alimony for support of the children. Judgment affirmed.