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Gregory, Justice, concurring specially.
As to division one of the majority opinion, I concur in the judgment only. The trial court erred in refusing to permit the wife to explain her testimony. Had she been permitted to do so, it may have appeared that the agreement was on the valid side of the “fine line” drawn in Warren v. Warren, 235 Ga. 234 (219 SE2d 161) (1975). Warren was grounded upon the public policy that the State has an interest in preserving the marriages of its citizens. I do not agree with the majority view expressed in Friedman v. Friedman, 233 Ga. 254 (210 SE2d 754) (1974), that this public policy has been changed by the addition of the irretrievably broken ground to our divorce statute. Code Ann. § 30-102 (13) (Ga. L. 1973, p. 557).
Document Info
Docket Number: 37467
Citation Numbers: 283 S.E.2d 461, 248 Ga. 376, 1981 Ga. LEXIS 1020
Judges: Gregory, Hill, Jordan
Filed Date: 10/27/1981
Precedential Status: Precedential
Modified Date: 11/7/2024