GA Bar Family Law 2

Question 1

What is the minimum residency period required before a party may file a petition for divorce in Georgia?

Accepted Answer

6 months

Answer

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:

Accepted Answer

Is barred from awarding alimony to the guilty spouse

Answer

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?

Accepted Answer

Equitable distribution — property divided fairly but not necessarily equally

Answer

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?

Accepted Answer

An inheritance received by one spouse during the marriage

Answer

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?

Accepted Answer

A bigamous marriage where one party was already legally married

Answer

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.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Family Law 2