Stitt v. Stitt

Supreme Court of Georgia

Stitt v. Stitt

253 S.E.2d 764, 243 Ga. 301, 1979 Ga. LEXIS 894

CourtSupreme Court of Georgia

DecidedMarch 8, 1979

Docket34242

StatusPublished

Cited by16 cases

This text of 253 S.E.2d 764 (Stitt v. Stitt) 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.

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Stitt v. Stitt, 253 S.E.2d 764, 243 Ga. 301, 1979 Ga. LEXIS 894 (Ga. 1979).

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Opinion

Undercofler, Presiding Justice.

This is a suit for divorce and alimony. There are no children of the marriage. This appeal is from the grant of temporary alimony including attorney fees. Appellant challenges the constitutionality of the alimony statutes contained in Code Ann. §§ 30-201 — 30-212 because they deny equal protection of the laws by not providing for alimony for husbands. Since the issues involved here concern only temporary alimony including attorney fees, we address only Code Ann. §§ 30-201, 30-202, 30-202.1 and 30-203. These statutes impose alimony obligations on husbands but not wives and violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Orr v. Orr, - U. S. - (99 SC 1102, 59 LE2d -) (1979). Accordingly we hold Code Ann. §§ 30-201, 30-202, 30-202.1, and 30-203 unconstitutional.

Nevertheless, we affirm the trial court’s award of temporary alimony and attorney fees.

The superior courts have authority to award temporary alimony including attorney fees to either party *302 as a derivative and incidental power to the power to grant divorces. McGee v. McGee, 10 Ga. 477 (1851).

Argued November 15, 1978 Decided March 8, 1979 Rehearing denied March 27, 1979. Robert K. Stitt, III, pro se. Rosenbluth, Kahn & White, Jerrell P. Rosenbluth, for appellee.

Judgment affirmed.

All the Justices concur.

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Undercofler, Presiding Justice.

This is a suit for divorce and alimony. There are no children of the marriage. This appeal is from the grant of temporary alimony including attorney fees. Appellant challenges the constitutionality of the alimony statutes contained in Code Ann. §§ 30-201 — 30-212 because they deny equal protection of the laws by not providing for alimony for husbands. Since the issues involved here concern only temporary alimony including attorney fees, we address only Code Ann. §§ 30-201, 30-202, 30-202.1 and 30-203. These statutes impose alimony obligations on husbands but not wives and violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Orr v. Orr, - U. S. - (99 SC 1102, 59 LE2d -) (1979). Accordingly we hold Code Ann. §§ 30-201, 30-202, 30-202.1, and 30-203 unconstitutional.

Nevertheless, we affirm the trial court’s award of temporary alimony and attorney fees.

The superior courts have authority to award temporary alimony including attorney fees to either party *302 as a derivative and incidental power to the power to grant divorces. McGee v. McGee, 10 Ga. 477 (1851).

Argued November 15, 1978 Decided March 8, 1979 Rehearing denied March 27, 1979. Robert K. Stitt, III, pro se. Rosenbluth, Kahn & White, Jerrell P. Rosenbluth, for appellee.

Judgment affirmed.

All the Justices concur.

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253 S.E.2d 764, 243 Ga. 301, 1979 Ga. LEXIS 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stitt-v-stitt-ga-1979.

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