Norman v. Ault

In 2008, James A. Norman filed a “complaint for declaratory relief, conversion and damages” against Debbie Jean Ault. In her answer, Ms. Ault counterclaimed for divorce, alimony, and an equitable division of the parties’ assets and debts. The trial court entered a temporary order requiring Norman to pay Ms. Ault temporary alimony in the amount of $2,000 per month until further order of the court. At a bifurcated trial in April 2009, a jury found, among other things, that the parties were married by common law in Alabama and that Ms. Ault was entitled to $54,000 in lump sum alimony to be paid in monthly installments over a period of three years. The trial court entered a final divorce decree on October 22, 2009, nunc pro tunc April 7, 2009. On November 19, 2009, the trial court held a hearing on a motion for contempt filed by Ms. Ault. Immediately afterwards, Norman filed a notice of appeal purportedly from “the order and judgment of the Court finding and holding him in contempt.” On November 20, Norman filed an application for discretionary review of the final divorce judgment. The trial court entered an order on December 1, 2009, nunc pro tunc November 19, 2009, holding Norman in contempt for failure to pay alimony since the trial. Thereafter, we granted the application for discretionary appeal pursuant to our Pilot Project in divorce cases, and Norman filed a timely notice of appeal from the divorce decree.

1. Norman contends that the jury’s verdict that a common law marriage existed is not supported by any evidence. No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state. OCGA § 19-3-1.1. However, Ms. Ault relied on the law of Alabama to support her claim of a common law marriage. “A party who intends to raise an issue concerning the law of another state or of a foreign country shall give notice in his pleadings or other reasonable written notice.” OCGA § 9-11-43 c. Ms. Ault did so by means of the pre-trial order. See Alto Park Super Mart v. White , 216 Ga. App. 285, 286 1, fn. 1 454 SE2d 580 1995.