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Lawskills.com Georgia Caselaw
CANNON v. CANNON.
34960.
UNDERCOFLER, Presiding Justice.
Domestication of foreign divorce and alimony decree. Cobb Superior Court. Before Judge Williford, Senior Judge.
In this case, a North Carolina judgment based upon a contract of separation was incorporated into a Georgia divorce decree on the issues of alimony, child support and custody at the wife's request and over the husband's objection. See Shepherd v. Shepherd, 241 Ga. 484 (246 SE2d 183) (1978). The North Carolina contract, which included a provision not to contest a later divorce, is clearly void as against the public policy of this state. Birch v. Anthony, 109 Ga. 349 (34 SE 561) (1899). The issue here is whether that North Carolina judgment is nevertheless entitled to full faith and credit. We hold that it is and affirm.
The motion to dismiss is denied.
Charles A. Evans, for appellee.
Finestone & Cardon, Wayne L. Cardon, for appellant.
SUBMITTED JUNE 1, 1979 -- DECIDED SEPTEMBER 6, 1979 -- REHEARING DENIED SEPTEMBER 25, 1979.
Thursday December 4 11:24 CST


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