Rieffel v. Rieffel, 281 Ga. 891

Summary

The Supreme Court of Georgia affirmed a divorce judgment awarding the wife alimony, attorney fees, and funds for repairs to the marital residence. The court held that the trial court did not abuse its discretion in making the awards or equitably dividing the marital property. The court also rejected the husband's challenge to a separate-maintenance consent order because he had consented to it and had shown no fraud or mistake.

Holdings

1. The trial court did not abuse its discretion by awarding Wife monthly alimony of $850 for twelve years.
2. The trial court did not abuse its discretion by awarding Wife $4,000 in attorney fees.
3. The trial court did not abuse its discretion in dividing the marital property because Husband's interest in the marital residence was transferred to Wife pursuant to the parties' agreement as payment of separate-maintenance arrearages, rather than as part of the court's equitable division of marital property.
4. Husband could not challenge the consent final order on that basis because, absent fraud or mistake, a party may not complain of a judgment, order, or ruling produced or aided by his own conduct, and an order entered with counsel's consent binds the client absent fraud, accident, mistake, or collusion.

Questions Presented

1. Whether the trial court abused its discretion by awarding Wife twelve years of alimony and attorney fees.
2. Whether the trial court improperly included Husband's relinquishment of his interest in the marital residence in the equitable division of marital property.
3. Whether the parties' attempted reconciliation and voluntary cohabitation rendered their consent final order resolving separate-maintenance arrearages null and void.

Disposition

affirmed