GA Bar Family Law 2 — Questions and Answers
Question 1: What is the minimum residency period required before a party may file a petition for divorce in Georgia?
- 30 days
- 3 months
- 6 months (Correct answer)
- 1 year
Correct answer: 6 months
Under O.C.G.A. § 19-5-2, a party must have been a bona fide resident of Georgia for at least 6 months before filing for divorce.
Question 2: Under Georgia law, if the spouse seeking alimony committed adultery that caused the marriage to break down, the court:
- Must award reduced alimony based on the degree of fault
- Is barred from awarding alimony to the guilty spouse (Correct answer)
- May still award alimony in its discretion
- Must deny alimony only if the other spouse specifically objects
Correct answer: Is barred from awarding alimony to the guilty spouse
O.C.G.A. § 19-6-1(b) provides that a spouse whose adultery or desertion caused the divorce is not entitled to alimony.
Question 3: Which approach does Georgia follow when dividing marital property in a divorce proceeding?
- Community property — each spouse owns half of all marital assets
- Title-based distribution — property goes to whoever holds title
- Equitable distribution — property divided fairly but not necessarily equally (Correct answer)
- Mandatory equal division regardless of contributions
Correct answer: Equitable distribution — property divided fairly but not necessarily equally
Georgia is an equitable distribution state, meaning courts divide marital property fairly based on relevant factors, not necessarily 50/50.
Question 4: Which of the following is generally classified as separate property NOT subject to equitable distribution in a Georgia divorce?
- Wages earned by either spouse during the marriage
- Property purchased jointly with marital funds
- An inheritance received by one spouse during the marriage (Correct answer)
- Appreciation in value of marital assets during the marriage
Correct answer: An inheritance received by one spouse during the marriage
Gifts and inheritances received by one spouse during the marriage retain their separate character and are not subject to equitable distribution in Georgia.
Question 5: Which of the following marriages is VOID (as opposed to merely voidable) under Georgia law?
- A marriage by a 17-year-old without parental consent
- A bigamous marriage where one party was already legally married (Correct answer)
- A marriage entered into under duress
- A marriage where one party lacked mental capacity at the time
Correct answer: A bigamous marriage where one party was already legally married
Bigamous marriages are void ab initio in Georgia because they violate an absolute statutory prohibition, unlike voidable marriages which require a court decree to dissolve.
Question 6: For a premarital agreement to be enforceable under Georgia's Premarital Agreement Act, which of the following is required?
- Notarization by a notary public
- Independent legal counsel for both parties
- The agreement must be in writing and signed by both parties (Correct answer)
- Filing with the clerk of superior court prior to the marriage
Correct answer: The agreement must be in writing and signed by both parties
Under O.C.G.A. § 19-3-62, a premarital agreement must be in writing and signed by both parties to be enforceable; notarization and independent counsel are not required.
Question 7: An annulment in Georgia differs from a divorce in that an annulment:
- Requires a shorter residency period than a divorce petition
- Declares the marriage void or voidable as though it never legally existed (Correct answer)
- Is only available within the first year of marriage
- Has no effect on property acquired during the relationship
Correct answer: Declares the marriage void or voidable as though it never legally existed
An annulment is a judicial declaration that no valid marriage ever existed, while a divorce dissolves a legally valid marriage.
GA Bar Family Law 2
What is the minimum residency period required before a party may file a petition for divorce in Georgia?