Contempt judgment against appellant, REVERSED, to extent that it required sale of marital residence on basis that appellant did not remove his ex-wife’s name from mortgage within 30 days of remarrying as required in their 2007 divorce decree; trial court permissibly modified divorce decree by requiring appellant to sell marital residence, since such order modified property division provision of divorce decree; decree awarded exclusive ownership of home to appellant and nother in decree explicitly or implicitly required him to see house to satisfy condition that he remove appellee from mortgage; ruling did not mean that trial court was left with no effective means of enforcing divorce decree as trial court cold order appellant to pay appellee significant sum every day until he purges his contempt; evidence supported trial court’s ruling that appellant willfully disobeyed divorce decree as appellant waited until five days before his weddng to inquire about possible avenues for removing appellee’s name from mortgage and complying with decree’s clear terms.
Darroh v. Willis, S09A1623 (03/01/10), 10 FCDR 518
From: Fulton County Daily Report, 3/12/2010.