Getting a divorce in any state, at any time in your life, is a scary and messy event that can be made easier and smoother with the help of an experienced family law attorney. Georgia law allows for a jury trial in a divorce case, making the process potentially even more difficult and confusing. In Georgia, there are only so many issues that the jury can decide in a divorce case. The law limits these issues to property division, alimony, and child support. Child custody, on the other hand, is an issue that only a judge is deemed able to determine.
Although Georgia law might allow divorce to go to a jury, it may not always be prudent for you to do so. Making that decision can be made easier with the help of an experienced attorney. However, there are some cases in which you might be more inclined to consider a jury trial.
First, you might want a jury trial if you are looking for property division other than the presumed 50/50 split. In other words, if you think that a jury would find it equitable to give you more than half of the assets that the two of you own, it might be a good idea to take the issue to a jury who could in some situations be more sympathetic. For example, if there is an issue of conduct in the marriage, where one party acted in a manner that would upset or enrage a jury, it might be beneficial to go to a jury trial. If you are looking for an emotional response, the jury is likely the best place for you to turn. This is not to say that judges are evil or unemotional, but they have generally heard every sob story and are less emotional in their decision-making on the bench. Juries, on the other hand, are less desensitized by the system.
Second, you might consider a jury trial as a tactic. In other words, if you believe that the other side will shy away from the expense and hassle associated with the legal processes of a jury trial, you might use the suggestion of a trial to help your position in negotiations. This might be a prudent option if the other party is tentative to allow certain facts to become public knowledge, such as affairs or past violence. To learn more about divorce in Georgia, click here.
If you or someone you know is getting or considering getting a divorce in Georgia, it is important that you have an experienced family law attorney on your side that you can trust. The attorneys at Edwards & Associates may be able to help you assert your rights in a divorce, whether the issue is child custody, child support, alimony, divorce, annulment or any other family law concerns. Our attorneys are experienced in jury trials and bench trials and could help you in your fight for your rights. Contact our office or visit our website for more information.