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Kim v. Han

The trial court did not make express findings of fact to support its award of attorney fees pursuant to O.C.G.A. § 9-15-14, and the Court, therefore, vacated the fees award and remanded the case for reconsideration.

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Jaesung Kim, ex-husband of Eun Young Han, appeals from a final order 1 denying his motion to set aside or, in the alternative, motion for new trial, and 2 awarding Han attorney fees pursuant to OCGA § 9-15-14. Kim contends that the trial court erred in awarding attorney fees and expenses. We granted Kim’s application for discretionary review, and, for the reasons set forth below, we vacate the award and remand the case for reconsideration.

The record shows that Kim and Han married in South Korea before moving to the United States. In 2006, they purchased a home in Johns Creek, which they later refinanced under Han’s name alone. In 2011, Han returned to South Korea. According to Kim, his wife abandoned him and their two children. Han, however, contends that she returned to South Korea for medical care for multiple illnesses. In 2012, Kim filed for divorce in Korea and, in 2013, the Seoul Family Court issued a final divorce decree.1

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