Henderson v. Henderson

Supreme Court of Georgia

Henderson v. Henderson

219 S.E.2d 160, 235 Ga. 236, 1975 Ga. LEXIS 841

CourtSupreme Court of Georgia

DecidedSeptember 23, 1975

Docket30206

StatusPublished

This text of 219 S.E.2d 160 (Henderson v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson v. Henderson, 219 S.E.2d 160, 235 Ga. 236, 1975 Ga. LEXIS 841 (Ga. 1975).

Pincite

Opinion

Undercofler, Presiding Justice.

Appellant complains that his wife was not entitled to a divorce on the ground that he was sentenced to over two years imprisonment for an offense involving moral turpitude. Code Ann. § 30-102. He was convicted on May 12, 1972, and sentenced on July 7,1972. His wife continued to live with him until his incarceration on January 12,1973. She filed suit for divorce on May 28,1974. He argues that his wife condoned his conduct by continuing to cohabit with him between his conviction and sentence and his actual incarceration. We do not agree. With respect to this ground of divorce, condonation has no application between the date of the conviction and sentence and the actual incarceration. See Kosanke v. Kosanke, 30 Wash. 2d 523 (192 P2d 337); Murphy v. Murphy, 204 Pa. Super. 576 (205 A2d 647).

Judgment affirmed.

All the Justices concur. Submitted August 8, 1975 Decided September 23, 1975. B. F. Henderson, pro se, H. E. Williams, for appellant. Joe R. Edwards, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Undercofler, Presiding Justice.

Appellant complains that his wife was not entitled to a divorce on the ground that he was sentenced to over two years imprisonment for an offense involving moral turpitude. Code Ann. § 30-102. He was convicted on May 12, 1972, and sentenced on July 7,1972. His wife continued to live with him until his incarceration on January 12,1973. She filed suit for divorce on May 28,1974. He argues that his wife condoned his conduct by continuing to cohabit with him between his conviction and sentence and his actual incarceration. We do not agree. With respect to this ground of divorce, condonation has no application between the date of the conviction and sentence and the actual incarceration. See Kosanke v. Kosanke, 30 Wash. 2d 523 (192 P2d 337); Murphy v. Murphy, 204 Pa. Super. 576 (205 A2d 647).

Judgment affirmed.

All the Justices concur. Submitted August 8, 1975 Decided September 23, 1975. B. F. Henderson, pro se, H. E. Williams, for appellant. Joe R. Edwards, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

219 S.E.2d 160, 235 Ga. 236, 1975 Ga. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-henderson-ga-1975.

Opinion

Related

Cite This Page — Counsel Stack