Schwartz v. Schwartz

Supreme Court of Georgia

Schwartz v. Schwartz

226 S.E.2d 591, 237 Ga. 56, 1976 Ga. LEXIS 1146

Supreme Court of Georgia·Decided June 8, 1976·No. 31088·Published

Opinion

Undercofler, Presiding Justice.

This appeal is from the refusal of the trial court to restore the maiden name of the wife on prayer therefor in a divorce proceeding.

Code § 30-121 provides: "In all divorce cases the wife may pray in her pleadings for the restoration of the name which she bore at the time of her last marriage; and in the event a total divorce shall be granted to her in said case, the judgment or decree therein rendered shall specify and restore to her the name so prayed for in her pleadings.”

Under the provisions of this Code section, it was error for the trial court to refuse to restore the prayed-for former name of the wife.

Judgment reversed.

All the Justices concur.

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Undercofler, Presiding Justice.

This appeal is from the refusal of the trial court to restore the maiden name of the wife on prayer therefor in a divorce proceeding.

Code § 30-121 provides: "In all divorce cases the wife may pray in her pleadings for the restoration of the name which she bore at the time of her last marriage; and in the event a total divorce shall be granted to her in said case, the judgment or decree therein rendered shall specify and restore to her the name so prayed for in her pleadings.”

Under the provisions of this Code section, it was error for the trial court to refuse to restore the prayed-for former name of the wife.

Judgment reversed.

All the Justices concur.

Schwartz v. Schwartz, 226 S.E.2d 591, 237 Ga. 56, 1976 Ga. LEXIS 1146 (Ga. 1976).

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226 S.E.2d 591 (Schwartz v. Schwartz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.