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If the parties are unable to agree on all aspects of the divorce matter, even after attempts to settle the matter via mediation, arbitration or settlement conferences, taking the matter to trial is the final alternative. Often the words hearing and trial are used interchangeably and may prove to be very confusing to some. Both terms refer to an appearance in court where issues concerning the pending matter are decided. However, a hearing is held before a judge with only certain matters determined on a temporary basis. Alternatively, a divorce trial may be heard by either a judge or a jury, and the trial is the final hearing in the case where all issues are decided on a final basis.
Why you Need an Attorney
Evidence at Trial
At trial each party must present evidence to the presiding court proving by a preponderance of the evidence, that a divorce is warranted based on one of Georgia’s thirteen grounds for divorcee and why the court should rule in his or her favor concerning the issues of child support, child custody, equitable division and alimony. There are several forms of evidence that a party may present to the court in a divorce matter, and they type of evidence presented often depends on the issues in contention.