You are not automatically entitled to a jury in a Georgia divorce. Two things have to happen first.
What the Statute Requires
OCGA 19-5-1(a) provides that “[u]nless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial,” the judge “shall hear and determine all issues of law and of fact.”
So the default in a Georgia divorce is a trial before the judge alone, and a jury becomes available only when both conditions are met.
Where the Right Comes From
OCGA 9-11-38 preserves the right to a jury trial “as declared by the Constitution of the state or as given by a statute of the state.” In a divorce it is the statute that does the work.
Flournoy v. Flournoy, 228 Ga. 224 (1971), explains why. Divorce and alimony proceedings “have always, under the practice in this State, been regarded as equitable,” and in equity cases the Georgia Supreme Court has long held there is no constitutional jury right – “such right, so far as it exists, is statutory only.” So the terms OCGA 19-5-1(a) sets are the terms you get.
Once the Right Attaches, It Is Enforceable
In Walker v. Walker, 280 Ga. 696 (2006), a husband representing himself answered his wife’s complaint and filed a timely written jury demand. He arrived at 9:45 a.m. for a 9:00 a.m. calendar call. The judge waited half an hour, then heard the wife’s evidence and divided the marital estate without a jury.
The Georgia Supreme Court reversed, finding the husband “was improperly denied his right to a jury trial,” and held that the divorce judgment should have been set aside.
A demand on file is not a formality the court can work around.
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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!