Paul v. Paul

Citations: 264 Ga. 434; 444 S.E.2d 770; 94 Fulton County D. Rep. 2134; 1994 Ga. LEXIS 471Docket: S94A0709

Court: Supreme Court of Georgia; June 27, 1994; Georgia; State Supreme Court

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The court addressed the jurisdictional limits under OCGA § 9-10-91(5), which pertains to long-arm jurisdiction in alimony, child support, or property division related to divorce actions. The trial court had denied Mr. Paul's motion to dismiss for lack of personal jurisdiction and found him in contempt for non-payment of alimony, ordering him to pay back alimony and attorney fees.

The parties were married in Alabama in 1954 and had resided in multiple states before moving to Georgia in 1975, at which point they separated. They divorced in DeKalb County in 1976. Mr. Paul relocated from Georgia in 1977, became a North Carolina resident in 1979, and had only visited Georgia occasionally since then. Ms. Paul moved to Florida after the initial contempt action against Mr. Paul was dismissed in 1986.

The court emphasized that jurisdiction must be evaluated based on the specific facts of each case. In this instance, neither party had maintained a marital residence in Georgia since their separation, and Mr. Paul had not been a resident for over 15 years, while Ms. Paul had not resided in Georgia for over four years. The court concluded that Mr. Paul's connections to Georgia were too tenuous to justify the exercise of jurisdiction over him for contempt, as it would violate due process principles.

Ultimately, the court reversed the trial court's judgment, stating that Mr. Paul could not reasonably anticipate being summoned to court in Georgia under these circumstances. All justices concurred in the decision, which was rendered on June 27, 1994, with reconsideration denied on July 21, 1994.