McCoy v. McCoy

Summary

The Georgia Supreme Court affirmed the denial of a husband’s motion for new trial following a divorce decree. The court held that post-filing cohabitation and alleged reconciliation did not deprive the trial court of jurisdiction, particularly where the husband knew of the facts before judgment but continued pursuing the divorce. The court also upheld the child-support and rehabilitative-alimony awards as supported by the evidence and within the trial court’s discretion.

Holdings

1. Cohabitation and reconciliation may be asserted as defenses to a pending divorce action, but they do not divest the trial court of jurisdiction to enter a divorce decree.
2. A party may not obtain relief based on evidence that was within the party's knowledge before entry of judgment but was not presented to the trial court, particularly where the party's own conduct contributed to the challenged judgment.
3. The trial court did not abuse its discretion in awarding child support and rehabilitative alimony after considering the parties' incomes, assets, and the differing effects of the marriage on their earning capacities.

Questions Presented

1. Whether the parties' post-hearing cohabitation, sexual relations, and alleged reconciliation deprived the trial court of jurisdiction to enter the final divorce decree.
2. Whether the trial court erred by denying a new trial based on evidence of the alleged reconciliation that was known to husband before entry of the final judgment.
3. Whether the trial court abused its discretion by awarding child support and rehabilitative alimony allegedly disproportionate to husband's ability to pay.

Disposition

affirmed