Esohe Osaghae v. Rex Osaretin Osaghae

── Esohe Osaghae v. Rex Osaretin Osaghae ── Court: Court of Appeals of Georgia Date: May 08, 2026 Category: General SECOND DIVISION DOYLE, P. J., DAVIS, J., and SENIOR JUDGE FULLER NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules May 8, 2026 In the Court of Appeals of Georgia A26A0017, A26A0018. OSAGHAE v. OSAGHAE. DAVIS, Judge. In A26A0017, Esohe Grace Osaghae (“Wife”) appeals from the trial court’s denial of her motion for new trial, filed after the court’s entry of final judgment and divorce decree granting her divorce from Rex Osartain Osaghae (“Husband”). In A26A0018, Wife also appeals from the trial court’s order finding her in contempt for failing to abide by the final judgment and decree. For the reasons that follow, in A26A0017, we affirm the final judgment and decree of divorce, but we remand the case with respect to the attorney fees award to Husband under OCGA § 9-15-14(b). In A26A0018, we reverse the judgment of contempt.  The relevant factual background and procedural history of these appeals are as follows. Husband and Wife were married on August 14, 2013, and share two minor children together. Wife has three minor children from a previous relationship. In 2011, Wife purchased a home in Tyrone, Georgia (“Tyrone Property”). On January 2, 2012, more than a year and half before the parties married, Wife deeded the Tyrone Property to herself and Husband as joint tenants.1 The parties lived in the Tyrone Property until Wife purchased a second property in Fayetteville, Georgia, (“Fayetteville Property”) on November 13, 2017. In April 2021, Wife moved to Kingsland, Georgia, for an 18-month work assignment. Husband also planned to move to Kingsland while Wife’s parents cared for the five children in Fayetteville, but he ultimately decided not to do so. Instead, Husband remained in Fayetteville, living in the Fayetteville Property, with all five children.2 1 After the parties married, however, the property was deeded back to Wife only. Husband disputes the validity of this deed. The trial court made no findings regarding the 2017 deed. 2 Wife’s parents also lived in the Fayetteville Property for a few months during this time. 2  On March 8, 2022, Husband filed a petition for separate maintenance. On March 10, 2022, Wife answered and counterclaimed for divorce. On March 14, 2022, Wife filed a motion for an emergency temporary hearing which was held on March 31, 2022. Following the hearing, the trial court entered a temporary order and parenting plan awarding joint legal custody and primary physical custody to Husband. Both parties subsequently filed several motions to find the other in contempt for violations of the temporary order. Wife was found to be in violation of the temporary order three times. The trial court concluded that attorney fees were appropriate as a sanction for the contempt, but reserved the issue until after the final hearing. At the final hearing, the trial court explicitly noted that it would consider all evidence and argument heard at all prior hearings.3 Husband testified that he is self- employed, with a number of different businesses registered in his name, and he estimated his monthly income to be $5,382.62. The evidence shows deposits into Husband’s bank account totaling approximately $1.4 million in January 2024, which he testified he used to purchase boats, cars, car parts, and other items for clients in Nigeria. He also withdrew large amounts of cash, which he testified was for business 3 The final hearing, which lasted three days, was the ninth time the parties had been before the court.