Divorce & Jury Trials

In Georgia, depending on the nature of the family law case, the parties to the matter are indeed entitled to a jury trial. According to Georgia law, “Unless […] a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings.” O.C.G.A. § 19-5-1 (a). What this section of Georgia statutory law means is that if either spouse in a divorce case requests a jury trial, that spouse will generally be awarded a jury trial, absent any extenuating circumstances.  See Franklin v. Franklin, 267 Ga. 82 (1996) and Ivey v. Ivey, 264 Ga. 435 (1994) ... (continue reading).