Anders v. Anders

Undercofler, Presiding Justice.

The trial court in this divorce action granted a judgment on the pleadings on the ground that the marriage was irretrievably broken. Code Ann. § 30-102 (13). The court also granted the wife’s prayer that her husband, because of his adulterous conduct, be placed under a disability to remarry and he appeals. We reverse.

A disability to remarry may be imposed only on a party who is not granted a divorce. Code Ann. § 30-122; Dillard v. Dillard, 197 Ga. 726 (30 SE2d 621) (1944). Since the judgment of divorce was granted on the "no fault” ground, the divorce was…