Perlotte v. Perlotte

Duckworth, Chief Justice.

1. It is reversible error to charge a jury in a divorce case that, if the jury grants one party a divorce as a matter of law, the opposite party should also be granted a divorce. While some lower courts seemingly have misconstrued the 1960 amendment to Code Ann. § 30-122 (Ga. L. 1960, pp. 1024, 1025), “rights and disabilities” and “divorce” are not synonymous terms. See Moon v. Moon, 216 Ga. 627 (118 SE2d 473); McCartney v. McCartney, 217 Ga. 200 (121 SE2d 785). Since the contentions of the parties here diametrically oppose each other, the charge was confusing,…