Category Archives: Military

GA Husband’s contempt for refusing to agree ADRO REVERSED.

Trial court’s order holding husband in contempt for refusing to agree to Agreed Domestic Relations Order (ADRO) proposed by his former wife and interpreting their divorce decree to require that they divide husband’s military retirement benefits equally, REVERSED, and case remanded; divorce decree provided that when husband retired from military service, wife would be entitled to receive from his retirmenent benefits such amount as Navy required to be paid to her; after their divorce, both parties learned that Navy did not require retirment benefits be paid to ex-spouses, so wife proposed ADRO, which husband refused to sign, directing that she recieve 50% of martial portionof husband’s benefits; trial court erred in holding husband in contempt because party may not be held in contempt for violation of court order unless order informs him in definate terms as to duties therby imposed on him; trial court’s using contempt proceedings to substantially alter divorce decree, eschewing its plain language, amounted to unauthoized modificaiton of same; letter from husband’s counsel to husband containg wife’s proposed ADRO woul be admissible on remand and not subject to attorney-client privilege because contemporaneiously sent copy of letter to wife.

Morgan v. Morgan, S10A1365 (01/10/11).

From:  Fulton County Daily Report:  January 21, 2011