Murphy v. Murphy

Clarke, Chief Justice.

The parties were married in 1962. In May 1988, appellant wife filed a “petition for separate maintenance,” in DeKalb Superior Court. This action was styled No. 8-6235-8. In her petition appellant sought custody of the parties’ children as well as child support. Paragraph 8 of the petition states that “there is no pending action for divorce between the parties in this state.” The parties entered into a *281settlement agreement, dated March 28, 1989, resolving child custody and property rights. The preface to this agreement stated, that “the wife has filed a Petition for a…