A Georgia divorce is tried in superior court, and one trial resolves every contested issue in the case.
What a Divorce Trial Decides
Under OCGA 19-5-1(a), in 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.” That covers which spouse is entitled to a divorce and on what ground, whether either spouse receives alimony, how the marital property and the debts are divided, who has custody of the children, and how much child support is paid. Questions that travel with those – jurisdiction, venue, the validity of the marriage, the effect of an agreement the two of you signed years earlier – are tried in the same case rather than in a separate one.
The Procedure Is Ordinary Civil Procedure
OCGA 19-5-8 provides that “[t]he same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony, and custody of minor children, except as otherwise specifically provided in this chapter.” So the Civil Practice Act and the Uniform Superior Court Rules supply most of what happens in the courtroom.
The Pieces That Have Their Own Rules
Several parts of a divorce trial are governed by rules of their own. Whether a jury hears the case, and which issues it is allowed to answer. How much latitude the trial judge has, and when an appellate court will disturb a ruling. What has to be proved, and how convincingly. Which evidence comes in. Whether you can appear by video instead of in person. Whether the judge can send the case to mediation first. And how a trial can end early, by directed verdict or by mistrial.
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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!