Georgia Divorce Trials: Judge vs. Jury
Experienced Georgia Family Law & Divorce Attorneys
If your divorce goes to trial, a major decision our Atlanta divorce lawyers will discuss with you is whether to seek a judge or jury trial. While there are strengths and weaknesses to each, it is important to note that under Georgia law all issues regarding child custody and child visitation must be decided by a judge -- GA law does not permit a jury to make those decisions. With respect to all other issues during the divorce trial, including the award of Georgia alimony payments, the division of Georgia marital assets, and the award of child support payments, Georgia law leaves open the possibility that these can be decided either by a judge or a 12-person jury.
Making The Decision: Judge or Jury
In general,
there is no clear right or wrong answer as to whether your case should be
decided by a judge or a jury. In some instances, our Atlanta divorce
lawyers find that if certain subtle aspects of the law favor our client, we
prefer a trial by judge. In other instances, if our attorneys feel that an
average individual would empathize with our client, we instead opt for a
trial by jury.
Who Gets To Decide?
Which spouse gets to make the decision on whether a divorce trial is heard by a jury or a judge? Is it the husband or the wife? Interestingly, according to GA law if either spouse wants a trial by jury, they have that right. Only in cases where both spouses prefer a judge to decide the issues will a case proceed without the use of a jury.
It is important to know that in all instances, before your divorce trial, our Georgia family law trial attorneys will sit down with you, discuss your options and strategies, and carefully decide how to proceed with your case. Our Atlanta divorce attorneys have tried many cases throughout Georgia in front of both judges and juries, and are intimately familiar with every aspect of the Georgia trial process.
Getting Started
If you are dealing with a GA divorce issue, we advise you to speak with one of our divorce lawyers sooner rather than later. Issues regarding trials by judge or jury can be confusing and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests. For a typical divorce, our law firm retainer begins at $2,500.00. If you would like to talk with one of our family law trial attorneys in Atlanta, GA or Athens, GA about representing you, either fill out the brief form to your left or give us a call. For additional contact information and driving directions to our firm please visit our Contact Page. Thank you and we look forward to working with you.