GEORGIA BAR EXAM WITH
VERIFIED QUESTIONS AND
ANSWERS GRADED A+ - FAMILY
LAW
A marriage is valid if there is a - answer-a license and a solemnization of the marriage
Licenses - age restrictions - answer-Persons younger than 17 prohibited from marrying.
If 17, must provide documentary proof of emancipation
A license will not be issued when - answer-i) one of the parties is married to someone
else ii) parties are too closely related as defined by statute iii) parties are incapable of
understanding the nature of the act
Lack of intent - answer-immaterial in Georgia
Common law marriages in Georgia - answer-Abolished January 1, 1997 BUT Georgia will
recognize those validly entered into in other jurisdictions that do recognize them
Common law marriages are defined as marriages in which the parties - answer-i) agree
they are married ii) cohabit as spouses iii) hold themselves out in public as married
Heartbalm action - breach of promise to marry - answer-Recognized as a contract
action in GA. Civil suit for monetary damages based on the damage to the jilted party's
reputation resulting from the breach of promise to marry
Gifts in contemplation of marriage - answer-Must be returned if the donee breaks the
engagement
Marriage can be terminated by - answer-annulment, divorce, or death
,Annulment - answer-voids a marriage and declares it as never having been valid
Void marriage - answer-treated as if it never happened and does not need to be
judicially dissolved. a) prior existing marriage b) incest c) incapacity
Voidable marriage - answer-valid until one spouse seeks to legally void the marriage.
must be a judicial decree to dissolve. grounds are age, intoxication, and fraud/duress
Divorce - answer-legal dissolution of marriage
Georgia recognizes - answer-Both fault and no fault divorce
No fault divorce - answer-Must allege marriage is irretrievably broken, the parties are
unable or refuse to cohabit, and there is no prospect of reconciliation
Fault grounds for divorce - answer-consanguinity or prohibited affinity; mental
incapacity at the time of marriage; impotency; force, menace, duress, or fraud;
pregnancy at the time of marriage by another man and known to the husband; adultery;
desertion; conviction of an offense involving mural turpitude; habitual intoxication;
cruel treatment; incurable mental illness; habitual drug addiction
Adultery - answer-voluntary sexual intercourse with someone other than one's spouse.
May be shown via circumstantial evidence. Must show the party had the opportunity
and inclination to commit.
Desertion - answer-when one's spouse, without the cause or consent of the other
spouse, voluntary leaves the marital home with the intent to remain apart on a
permanent basis - in GA, must be willful and continue for period of one year. Consent is
a defense. If proven by PPE, other party not entitled to alimony
, Cruel treatment - answer-GA requires plaintiff demonstrate willful infliction of pain,
bodily or mental, that justifies an apprehension of danger to life, limb, or health, such
that it renders cohabitation unsafe. A single act is sufficient.
Incurable mental illness - answer-Plaintiff must show the other party: i) has been
adjudged mentally ill ii) has been confined in an institution or under continuous
treatment for at least 2 years iii) CEO of institution or doctor testifies the party cannot
understand the nature/duty/consequences of the marital relationship and recovery is
not expected
Defenses for fault based divorce - answer-Collusion, consent, like conduct,
condonation
Consent is a defense to - answer-adultery, desertion, cruel treatment, or intoxication
Marital property in GA - answer-All property acquired during the marriage in GA is
marital property and subject to equitable distribution
Exceptions to marital property (aka separate property): - answer-i) property acquired
before the marriage or property acquired in exchange for property acquired before the
marriage ii) property excluded by parties' valid agreement iii) property acquired by gift or
inheritance or exchanged for such iv) property a party has sold, granted, conveyed or
otherwise disposed of in good faith and for value before the date of final separation v)
property to the extent that it has been mortgaged or otherwise encumbered in good faith
for value before date of final separation and vi) any award or settlement payment
received for any cause of action or claim that accrued before the marriage, regardless of
when the payment was received
Source of funds rule - answer-property may be considered both separate and marital in
proportion to the contributions separately and jointly provided
Factors in the distribution of marital property - answer-i) Length of the marriage;
ii) Prior marriages;
VERIFIED QUESTIONS AND
ANSWERS GRADED A+ - FAMILY
LAW
A marriage is valid if there is a - answer-a license and a solemnization of the marriage
Licenses - age restrictions - answer-Persons younger than 17 prohibited from marrying.
If 17, must provide documentary proof of emancipation
A license will not be issued when - answer-i) one of the parties is married to someone
else ii) parties are too closely related as defined by statute iii) parties are incapable of
understanding the nature of the act
Lack of intent - answer-immaterial in Georgia
Common law marriages in Georgia - answer-Abolished January 1, 1997 BUT Georgia will
recognize those validly entered into in other jurisdictions that do recognize them
Common law marriages are defined as marriages in which the parties - answer-i) agree
they are married ii) cohabit as spouses iii) hold themselves out in public as married
Heartbalm action - breach of promise to marry - answer-Recognized as a contract
action in GA. Civil suit for monetary damages based on the damage to the jilted party's
reputation resulting from the breach of promise to marry
Gifts in contemplation of marriage - answer-Must be returned if the donee breaks the
engagement
Marriage can be terminated by - answer-annulment, divorce, or death
,Annulment - answer-voids a marriage and declares it as never having been valid
Void marriage - answer-treated as if it never happened and does not need to be
judicially dissolved. a) prior existing marriage b) incest c) incapacity
Voidable marriage - answer-valid until one spouse seeks to legally void the marriage.
must be a judicial decree to dissolve. grounds are age, intoxication, and fraud/duress
Divorce - answer-legal dissolution of marriage
Georgia recognizes - answer-Both fault and no fault divorce
No fault divorce - answer-Must allege marriage is irretrievably broken, the parties are
unable or refuse to cohabit, and there is no prospect of reconciliation
Fault grounds for divorce - answer-consanguinity or prohibited affinity; mental
incapacity at the time of marriage; impotency; force, menace, duress, or fraud;
pregnancy at the time of marriage by another man and known to the husband; adultery;
desertion; conviction of an offense involving mural turpitude; habitual intoxication;
cruel treatment; incurable mental illness; habitual drug addiction
Adultery - answer-voluntary sexual intercourse with someone other than one's spouse.
May be shown via circumstantial evidence. Must show the party had the opportunity
and inclination to commit.
Desertion - answer-when one's spouse, without the cause or consent of the other
spouse, voluntary leaves the marital home with the intent to remain apart on a
permanent basis - in GA, must be willful and continue for period of one year. Consent is
a defense. If proven by PPE, other party not entitled to alimony
, Cruel treatment - answer-GA requires plaintiff demonstrate willful infliction of pain,
bodily or mental, that justifies an apprehension of danger to life, limb, or health, such
that it renders cohabitation unsafe. A single act is sufficient.
Incurable mental illness - answer-Plaintiff must show the other party: i) has been
adjudged mentally ill ii) has been confined in an institution or under continuous
treatment for at least 2 years iii) CEO of institution or doctor testifies the party cannot
understand the nature/duty/consequences of the marital relationship and recovery is
not expected
Defenses for fault based divorce - answer-Collusion, consent, like conduct,
condonation
Consent is a defense to - answer-adultery, desertion, cruel treatment, or intoxication
Marital property in GA - answer-All property acquired during the marriage in GA is
marital property and subject to equitable distribution
Exceptions to marital property (aka separate property): - answer-i) property acquired
before the marriage or property acquired in exchange for property acquired before the
marriage ii) property excluded by parties' valid agreement iii) property acquired by gift or
inheritance or exchanged for such iv) property a party has sold, granted, conveyed or
otherwise disposed of in good faith and for value before the date of final separation v)
property to the extent that it has been mortgaged or otherwise encumbered in good faith
for value before date of final separation and vi) any award or settlement payment
received for any cause of action or claim that accrued before the marriage, regardless of
when the payment was received
Source of funds rule - answer-property may be considered both separate and marital in
proportion to the contributions separately and jointly provided
Factors in the distribution of marital property - answer-i) Length of the marriage;
ii) Prior marriages;
