Evidence in a Georgia divorce is admissible only if it is relevant.
What “Relevant” Means
OCGA 24-4-401 defines relevant evidence, and in Kirby v. State, 304 Ga. 472 (2018), the Georgia Supreme Court quoted the definition: evidence that “ha[s] any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Under OCGA 24-4-402, evidence that is not relevant is not admissible. As Kirby put it, relevance “is a binary question,” and evidence “is either relevant or it is not.”
Relevant to What?
The facts “of consequence” in your case are set by the statutes the judge has to apply. OCGA 19-6-5(a) lists the factors that “shall be considered in determining the amount of alimony, if any, to be awarded.” OCGA 19-9-3(a)(3) says that in deciding a child’s best interests the judge “may consider any relevant factor.” So the question is never whether something upset you. It is whether it moves one of the questions the court has to answer.
Relevant Evidence Can Still Be Kept Out
Kirby also quoted OCGA 24-4-403: “Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”
Even so, the Court described exclusion under that rule as “an extraordinary remedy which should be used only sparingly.” So a close call usually ends with the evidence coming in and the factfinder deciding what it is worth.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!