Georgia is one of only a few states in the United States that affords litigants in divorce matters the right to a jury trial. This right is limited however, as juries are not allowed to made findings regarding child custody. Thus, in a divorce matter, a jury may decide the issues of equitable distribution, child support and alimony. But, only a judge sitting alone may make determinations of child custody.
Although the majority of Georgia divorce matters settle prior to trial, litigants who choose to take their matter to trial must decide whether to have a jury hear the issues of alimony, child support and equitable division, or whether to have the judge presiding over the matter hear all issues in the case. If the decision is made to opt for a jury trial, one of the main issues that must be addressed going forward is selecting an appropriate jury to hear the case. In fact, one of the first matters addressed at trial is the process known as Voir Dire. Voir Dire is a Latin phrase that literally translates to "to speak the truth." As it relates to the legal process though, voir dire is simply the term for the jury selection process. During voir dire or the jury selection process, the judge and the attorneys for both parties ask potential jurors questions to determine if they are competent and appropriate to serve as jurors in the case.
Jury selection is an essential part of a Georgia divorce trial, because jury selection gives both parties the opportunity to question potential jurors to uncover biases or personal characteristics that may cause that potential juror to unduly favor the other party. Once each attorney has had appropriate opportunity to question the potential jurors, the attorneys for both parties will then have the opportunity to make arguments to the court regarding which potential jurors they would like to eliminate and which potential jurors they would like included on the jury panel.
Ensuring that the member of the jury empanelled to decide your Georgia divorce case is very important, because the members of the jury may have a profound impact on the outcome of your case. Thus, you must be sure that the divorce attorney you choose to represent you in your divorce matter is not only a knowledgeable family law attorney, but is also a skilled and experienced trial attorney as well.