Preview:

Final Copy 289 Ga. 208

S11A0467. WONDIUM v. GETACHEW.

BENHAM, Justice. Husband Mesfin Wondium and Wife Ayalnesh Getachew were married in November 1997 in Addis Ababa, Ethiopia. Two daughters were born in Georgia during the marriage, one in December 2000 and the other in May 2005. After Husband was served by publication, he and Wife were divorced by a DeKalb County judgment entered February 9, 2006, with Wife awarded custody of the children. In November 2008, Husband filed in DeKalb County a petition for modification of custody, for an order setting a visitation schedule, and for child support. Wife filed a counterclaim requesting that she be awarded sole physical custody of the children, that restrictions be placed on Father's visitation, and that Father be ordered to pay child support. In December 2009, Husband filed a motion to vacate the February 2006 default judgment of divorce in which Wife was awarded legal and physical custody of the children.1
Husband asserted that Wife procured the divorce through fraud; that Wife knew Husband's Maryland address, but did not use it to effect personal service of the divorce on him; and that Wife misled the court into believing she had sole custody of the children when, in fact, both children were living in Ethiopia. Husband contended that Wife's failure to provide required information (see OCGA

Download S11A0467. WONDIUM v. GETACHEW.pdf

Georgia Law