Can you have a jury trial in a divorce in Georgia?
Divorce is a difficult and emotional process, and in Georgia, like in many other states, it can be resolved either by agreement between the parties or by a court decision after a trial. Most people are familiar with the idea of a judge presiding over a divorce trial, but fewer are aware that in Georgia (unlike nearly every other state except Texas), certain issues in a divorce case can be decided by a jury. This sets Georgia apart from many other states, where divorce cases are typically handled solely by a judge.
The Right to a Jury Trial in Georgia Divorce Cases
Georgia is one of the few states that allows for jury trials in divorce cases, but this right is not absolute and is limited to specific issues. In a Georgia divorce, either party can request a jury trial, but it is important to understand what the jury can and cannot decide.
What a Jury Can Decide:
Division of Marital Property: One of the primary issues that a jury can determine is how marital property should be divided between the spouses. This includes deciding who gets the marital home, how financial assets should be split, and the distribution of other marital property. The jury’s decision on this issue is binding and must be followed by the court.
Determination of Alimony: A jury can also decide whether alimony should be awarded and, if so, how much and for how long. This decision is based on factors such as the length of the marriage, the financial condition of each party, and the standard of living established during the marriage.
What a Jury Cannot Decide:
Child Custody and Visitation: In Georgia, decisions regarding child custody and visitation rights are made exclusively by the judge. The judge’s primary concern in these matters is the best interest of the child, and these decisions are not subject to a jury’s determination.
Child Support: Like child custody, child support is also decided by the judge. The amount of child support is determined based on statutory guidelines, and the judge has the discretion to adjust the amount based on specific circumstances.
The Jury Trial Process in a Divorce Case
If a jury trial is requested in a Georgia divorce case, the process begins similarly to other civil jury trials. The first step is jury selection, where both parties, through their attorneys, have the opportunity to select or exclude certain jurors. This is a critical phase, as the composition of the jury can significantly impact the outcome.
Once the jury is selected, the trial proceeds with opening statements from both parties, followed by the presentation of evidence. This includes testimony from both spouses, as well as any witnesses, and the introduction of documents such as financial records. Each party has the opportunity to cross-examine the other’s witnesses.
After all evidence is presented, both sides make their closing arguments, summarizing their case and attempting to persuade the jury to decide in their favor. The jury then deliberates and returns a verdict on the issues of property division and alimony.
As discussed above, there are many issues the jury is not able to decide (custody and child support, for example). In cases where there are some issues for the jury and some for the judge, the court should bifurcate the trial—meaning, split the trial into parts—so that the jury is not exposed to (and potentially influenced by) testimony and evidence solely about issues that only the court can decide. Thus, it is critical to prepare your case in such a way that ensures the right evidence is presented during each “phase” of the trial.
Advantages and Disadvantages of a Jury Trial
Requesting a jury trial in a divorce case can have both advantages and disadvantages, depending on the specifics of the case.
Advantages:
Sympathetic Jury: In some cases, a jury may be more sympathetic to one party’s situation, especially if that party has compelling emotional or personal circumstances that may resonate with the jurors.
Potential for a Favorable Outcome: Depending on the nature of the assets or the behavior of the spouses during the marriage, a jury might award a more favorable division of property or alimony than a judge might. For example, juries may be more inclined to award an uneven division of assets, whereas many judges begin with a presumption that an equal division of assets is appropriate in most cases (even though Georgia is a “equitable distribution” state).
Disadvantages:
Increased Costs: Jury trials tend to be much more expensive than bench trials (trials decided by a judge) due to the longer preparation time, jury selection process, more extensive presentation of evidence, and the overall complexity of the trial process.
Unpredictability: Jury decisions can be unpredictable, as they are based on the opinions and perceptions of individual jurors, who may not always follow the law as strictly as a judge would. While not always the case, judges are often more predictable in their approach to financial issues in a divorce.
Is a Jury Trial Right for Your Divorce?
Deciding whether to request a jury trial in your divorce case is a strategic decision that should be made with the guidance of experienced legal counsel. While a jury trial might offer the opportunity for a more favorable outcome, it also involves greater risks and costs.
At Resurgens Legal Counsel, we have extensive experience handling divorce cases, including those involving jury trials. We can help you weigh the pros and cons of pursuing a jury trial and develop a strategy that aligns with your goals and circumstances. If you are facing a divorce and want to explore your options, including the possibility of a jury trial, contact us today to schedule a consultation through our website or by calling us at 770-765-7550.