The Georgia Supreme Court has ruled that the trial court in this appeal from the Superior Court of Cherokee County did not have jurisdiction to entertain a petition to hold a spouse in contempt of a divorce decree entered in Fulton County in the absence of a petition to modify the decree. Justice Hugh P. Thomspon wrote the court’s unanimous decision in Jacob v. Koslow, S07A0517.
The ex-husband filed a motion for judgment on the pleadings or, alternatively, a motion to transfer his ex-wife’s Cherokee county contempt action to Fulton county. The Supreme Court held that the trial court lacked jurisdiction, because the ex-wife did not seek to modify the parties’ original Fulton county divorce decree. The decisions in Buckholts v. Buckholts, 251 Ga. 58 (1983) and Corbett v. Corbett, 236 Ga. App. 299 (1999) (where the new court had the jurisidiction to modify, and therefore also had the jurisidiction to enforce), do not generally expand jurisdiction in divorce cases to allow punishment of a husband or wife for contempt of an order or decree rendered in another county.