Georgia is one of only two states granting he right to jury trial in divorces. If you watch the video of my presentation (above) teaching Georgia divorce lawyers when and why to demand jury trials in divorces, you will know why the right lawyer representing you in jury trial can make a huge dollar difference in outcome.
If you ever need the very best lawyer, it is in your million-plus dollar divorce, to rescue your assets from a spouse who has cheated, been violent or hidden assets, or often, all three. A spouse who has misbehaved also needs the best divorce jury trial lawyer. Divorce is complex, especially in a high asset divorce, with millions of dollars at stake. In Georgia, division of marriage assets is not presumed by law to be equal and is often lopsided! This year, I completed a four day jury trial with a jury verdict for my client the wife to receive a remarkable 77% of marriage assets after a 24 year marriage. Why? We dug deep and proved his adultery. Juries punish adultery, domestic violence, and hiding assets, but it takes the right lawyer presenting the evidence artfully to get a great verdict. There are never guarantees of any outcome, but lawyers with extensive divorce jury trial experience can generally give examples of past cases that show how similar cases have been won, and lost. Let’s explore how jury trials work and the role of good or bad conduct in the division of marriage assets.
What to ask when choosing a Georgia divorce jury trial lawyer:
The first question to ask your potential lawyer is: how many times have you, my lawyer, represented a client in a divorce jury trial? Georgia grants either party the absolute right to jury trial in any divorce. But does your lawyer know how to conduct a jury trial? You may be shocked to discover, most Georgia lawyers who have handled divorces for decades have never conducted a jury trial. Sure, they have had many “trials” with just judges, but not with juries. When faced with a jury trial demand from a true jury trial lawyer, less experienced lawyers often collapse and settle, when instead an experienced jury trial lawyer should be added to the case. An effective Georgia divorce lawyer must be a jury trial lawyer. Choosing a friendly lawyer who does not know how to represent you in jury trial puts you at a huge disadvantage. For example, how do you know your lawyer is telling you to settle only because she is afraid of going to jury trial, not because the offer to settle is a fair settlement considering all the facts?
Judge or jury?
Let’s say you’re in divorce with the case filed and underway. You have the idea that your case should settle. You tried to settle on your own, but no luck. You went to mediation to settle, still no luck. Remember, no one ever can be forced to settle any case. Then your lawyer tells you, this is going to court for decision of who gets what assets and maybe alimony too. So now who do you want to decide the case? If you have committed adultery, been violent to your spouse, or hidden assets, you probably want a judge without a jury, but if your spouse demands jury trial, you are headed for jury trial, like it or not. neither party demands a jury trial, the judge has a trial with no jury and the judge decides who gets what. Generally, judges tend more toward a 50/50 even split of assets and money. If you’ve been bad during the marriage, you usually want a trial with just the judge, and you do not want a jury trial. The most experienced divorce jury trial lawyers agree that the innocent spouse usually gets from 55% to 70% of the assets from a jury, but usually get just 50% from judges. If you are the innocent spouse, you are wise to consider demanding jury trial. If your divorce assets are $3 million, for example, and you win 60% of those assets, jury trial won you 10% more, or $300,000, well worth the attorney fees and time. If the marriage assets are under $500,000, by contrast, an even split of the assets by a judge is easier to swallow, because winning an extra 10% of assets is worth just $50,000, and the attorney fees and time may not be worth the trouble. It depends. Again, examples are not promises of outcomes.
The Art of Jury Trials and the Georgia Law the Judge Reads to the Jury:
Either side can demand jury trial without consent of the other side. Twelve citizens from your county are selected to make decisions on property division, alimony, and other financial aspects. If your lawyer allows the wrong jurors on the jury, your goose can be already cooked. Learning the voir dire jury selection process is itself an art requiring decades of experience to master. At the end of a jury trial, the judge reads the law to the jury and the jury then decides who gets what. One of those Georgia laws read to the jury says that conduct during the marriage and conduct that caused the divorce is to be considered when the jury decides who gets what assets and money. The jury literally decides who gets what, based in part on marital misconduct like adultery. If you’ve been naughty, you will pay dearly.
Millions of Dollars at Stake:
The financial magnitude of high-asset divorces amplifies the stakes for both parties involved. With millions of dollars on the line, the decisions made during the trial control the financial future of each spouse.
Conduct as a Determining Factor:
In Georgia, the conduct of each party can play a crucial role in the division of assets during a high-stake divorce jury trial. The court considers factors such as misconduct, financial irresponsibility, and other relevant behaviors that may have contributed to the breakdown of the marriage. This can influence the distribution of assets, with the jury weighing in on the fairness of each party’s actions.
Conclusion:
Navigating a high-stakes divorce in Georgia, where millions of dollars are at stake, determines your financial destiny. Hire the best lawyer you can find. do you