Motes v. Motes

Undercofler, Justice.

On January 13, 1972, Mary Anne Motes filed suit for divorce against Jessie James Motes in Cobb Superior Court. There was no special prayer seeking to place the defendant under disabilities. The defendant filed no defensive pleadings.

The divorce decree provided that the defendant did not have the right to remarry. The defendant appeals to this court. Held:

Submitted July 11, 1972 Decided September 7, 1972. Doyle C. Brown, for appellant. Alden C. Harrington, Michael H. Terry, for appellee.

Code Ann. § 30-122 provides: "Where a divorce shall be granted, the jury or the judge,…