McCoy v. McCoy

Hill, Justice.

In 1973 the General Assembly added as the thirteenth ground for divorce that "The marriage is irretrievably broken.” Ga. L. 1973, p. 557 (Code Ann. § 30-102 (13)). These words were not defined in the statute.

The task of definition having been left to the courts, this court in Harwell v. Harwell, 233 Ga. 89, 91 (209 SE2d 625) (1974), said: "An 'irretrievably broken’ marriage is one where either or both parties are unable or refuse to cohabit and there are no prospects for a reconciliation.” Conversely, this court said (233 Ga. 90): "A finding that a marriage is not 'irretrievably…