Untitled Deck Flashcards
(40 cards)
Who can get married in Georgia?
Both parties must be able to consent and have no legal impediments, including being of minimum age (18 in Georgia), not too closely related, having the capacity to consent, and not currently married to someone else.
What is the standard process for getting married?
There are generally two steps to a valid ceremonial marriage: obtaining a license and solemnization.
What is required for a common law marriage in Georgia?
Common law marriages were abolished in Georgia beginning January 1, 1977. For a valid common law marriage entered into before this date, a couple must show that both parties consented to being married, lived together, and held themselves out publicly as a married couple.
What is required for an enforceable premarital contract?
It must be in writing and signed by both parties in the presence of at least two witnesses, one of whom must be a notary public. The agreement must meet the Scherer test.
What are some grounds for annulment of a marriage?
Grounds include bigamy or polygamy (void), consanguinity (void), nonage (voidable), incurable physical impotence (voidable), lack of capacity (voidable), duress (voidable), and fraud involving the essentials of marriage (voidable).
Where is an action for divorce proper?
Jurisdiction is proper if a party is a bona fide resident of the state, meaning domiciled in Georgia for at least six months before filing.
What are the grounds for a no-fault divorce in Georgia?
The marriage is irretrievably broken with no possibility of reconciliation, and a 30-day waiting period has passed between service on the defendant and granting of divorce.
What are the fault grounds for divorce?
Grounds include cruel treatment, habitual intoxication or drug addiction, adultery, desertion for one year or longer, mental incapacity, incurable mental illness, conviction of an offense involving moral turpitude, incest, impotency at marriage, fraud, and pregnancy of the wife by another man at the time of marriage.
What are the defenses to fault-based divorce?
Defenses include collusion, connivance, condonation, and recrimination.
How is property divided upon divorce in Georgia?
Georgia follows the equitable division of marital property approach, where each spouse keeps their separate property and the court divides property acquired during the marriage.
How do courts classify property?
Property is classified into separate property (owned before marriage, acquired through gift or inheritance, etc.) and marital property (acquired during the marriage, earnings, etc.).
How can separate property become marital property?
Separate property can become marital property through commingling or transmutation.
What factors do courts consider in dividing property?
Factors include the age, education, and earning capacities of both parties, the duration of the marriage, the standard of living, present incomes, health, and contributions to marital assets.
What are some types of spousal support?
Types include permanent periodic spousal support, rehabilitative spousal support, lump sum payment, and reimbursement spousal support.
What factors might a court consider in awarding spousal support?
Factors include the duration of the marriage, standard of living, age and condition of the parties, financial resources, and marital fault.
When can spousal support be modified or terminated?
Periodic spousal support may be modified upon a substantial change in circumstances. Lump sum and reimbursement support are not modifiable.
How is child support awarded?
Both parents have a duty to support their child based on their ability to pay and the child’s needs, using an income shares model.
Which courts have jurisdiction to award, enforce, or modify child support?
The original jurisdiction is where the first petition is filed. All states can enforce child support awards.
When can child support awards be modified?
Modifications can occur due to a substantial change of circumstances affecting the child’s needs or the parent’s ability to pay.
How are child support awards enforced?
Enforcement can include the Child Support Recovery Act, registration of orders, and sanctions for non-compliance.
When does the obligation to support end?
Obligation ends when the child reaches 18, if unmarried and still in high school until age 20, upon death, emancipation, or termination of parental rights.
What court has jurisdiction to hear a custody case?
The initial jurisdiction is typically in the child’s home state, where the child lived for at least six consecutive months before the proceeding.
What court has jurisdiction to modify custody?
The issuing court has continuing exclusive jurisdiction unless no child or parent resides in the issuing state.
How is custody determined?
Custody is determined based on the best interests of the child, considering both legal and physical custody.
