GA Bar Exam Rules | Georgia Bar Exam Study Guide & Practice Questions 2026/2027
Child Custody Custody is based on the 'best interest of the child' standard, considering factors
like the child's emotional and physical needs, relationships with parents, and the
home environment.
Custody Preferences of a Minor Child Preferences of children aged 11 to 14 are considered but not controlling. Children
aged 14 and older have the right to choose the parent they wish to live with,
unless it is not in their best interest.
Child Custody and Visitation Courts typically grant reasonable visitation rights to non-custodial parents unless
there is evidence that visitation would harm the child.
Custody Determinations Custody decisions are made by considering the child's best interest, including the
parent's ability to provide for the child's emotional and physical needs.
Custody Modification Custody orders can be modified upon showing a substantial change in
circumstances that affects the child's welfare.
Child Custody and Best Interest Standard Courts use the 'best interest of the child' as the guiding principle in custody
matters, considering factors such as emotional ties, stability, and the parent's
involvement in the child's life.
Visitation Rights of Grandparents Grandparents can seek visitation if it is in the child's best interest and the child
would suffer harm without such visitation.
Child Support Calculations Child support is calculated based on the combined income of both parents, using
an income shares model to ensure both contribute proportionally.
Child Support Both parents have a legal duty to support their children according to their
financial ability and the needs of the child.
Child Support and Alimony Modification Modifications to child support or alimony require proof of a substantial change in
circumstances, such as a change in income or the needs of the child.
Standing Orders and Enforcement Child support and custody orders can be enforced through contempt
proceedings, wage garnishment, and other legal remedies.
Child Support and Trust Distributions Trust distributions may be considered part of a parent's income for the purpose of
calculating child support.
Parental Rights Parents have a fundamental right to make decisions regarding their child's
upbringing, education, and care unless the court finds the parent unfit.
Paternity and Parental Rights Establishing paternity grants a father the right to seek custody and visitation and
imposes a duty to support the child.
Equitable Division of Property Property is divided equitably, not necessarily equally, based on factors like the
duration of the marriage, contributions to the marriage, and the economic
circumstances of each spouse.
Marital Property vs. Separate Property Marital property includes assets acquired during the marriage, while separate
property includes assets acquired before marriage or through gift or inheritance.
, GA Bar Exam Rules | Georgia Bar Exam Study Guide & Practice Questions 2026/2027
Appreciation of Assets During Marriage The increase in value of separate property during the marriage due to efforts of
either spouse may be treated as marital property.
Gifts and Inheritances Gifts and inheritances received by one spouse during the marriage are typically
considered separate property unless commingled with marital assets.
Division of Retirement Benefits Retirement benefits earned during the marriage are considered marital property
and are subject to equitable division.
Division of Marital Property The court considers factors such as the contribution of each spouse to the
acquisition of property, the needs of each party, and the future earning potential.
Fraudulent Transfers to Avoid Equitable Distribution Any transfer made to avoid equitable distribution may be set aside by the court.
Rights of Third Parties in Divorce Property Disputes Third parties, such as creditors, may assert claims on property during a divorce if
they have a legal interest in it.
Recovery of Gifts in Contemplation of Marriage Engagement rings and other gifts given in contemplation of marriage can be
recovered if the marriage does not take place.
Division of Retirement Accounts Retirement accounts can be divided using a Qualified Domestic Relations Order
(QDRO) to allocate benefits to each spouse.
Classification of Marital and Separate Property Property is classified as either marital or separate depending on when and how it
was acquired.
Treatment of Separate Property and Gifts Separate property remains the individual property of the spouse who acquired it
unless it was commingled with marital property.
Alimony and the Effect of Adultery Adultery can bar a spouse from receiving alimony if the adultery was the cause
of the separation.
Alimony and Equitable Distribution Alimony is determined based on the needs of one spouse and the ability of the
other to pay, taking into account the division of marital property.
Alimony and Attorney's Fees Courts can award attorney's fees based on the financial disparity between the
parties and the need for representation.
Enforceability of Premarital Contracts Premarital agreements are enforceable if entered into voluntarily, without fraud or
duress, and with full disclosure of assets.
Divorce Proceedings and Legal Standards Georgia allows both no-fault and fault-based divorce. Grounds for fault-based
divorce include adultery, abandonment, and cruelty.
Meretricious Relationships Georgia does not recognize legal rights for cohabiting couples who are not
married. Property and financial disputes are governed by contract law.
, GA Bar Exam Rules | Georgia Bar Exam Study Guide & Practice Questions 2026/2027
Jury Trials in Family Law Georgia allows jury trials for certain family law issues, such as the division of
marital property, but not for child custody determinations.
Adoption Objections by Grandparents Grandparents may object to an adoption if they can show that the adoption would
not be in the best interest of the child.
Bribery Charges Bribery consists of offering or giving something of value to a public official to
influence an official act or decision. It also includes soliciting or receiving such
value as a public official in exchange for favorable actions.
Conflict of Interest in Legal Representation Conflict of interest arises when a lawyer's duty to one client may be
compromised by the lawyer's relationship with another client or personal
interests. Attorneys must avoid situations where their representation of one client
may adversely affect another client.
Impeachment of Testimony A witness's credibility can be challenged (impeached) through evidence of prior
inconsistent statements, bias, inability to perceive or recall events, or a criminal
record.
Procedural Rights in Trial Defendants have rights to due process, including the right to counsel, the right to
confront witnesses, the right to remain silent, and the right to a jury trial.
Jury Selection and Voir Dire Voir dire is the process by which attorneys question prospective jurors to identify
biases or conflicts. Challenges for cause and peremptory challenges are used to
excuse jurors.
Directed Verdicts A directed verdict is issued by a judge, typically in favor of the defendant, when
there is insufficient evidence for a reasonable jury to find guilt beyond a
reasonable doubt.
Mistrial Motions A motion for mistrial is made when there has been a procedural error or
misconduct that renders a fair trial impossible. If granted, the trial ends, and a
new trial may be ordered.
Homicide (Including Felony Murder) Felony Murder: Occurs when a death results during the commission or attempted
commission of a felony, regardless of intent to kill. Malice Murder: Requires intent
to kill or extreme recklessness showing a disregard for human life.
Assault and Battery Assault: An attempt or threat to inflict physical harm. Battery: Actual physical
contact or harm inflicted on another person.
Self-Defense A person may use reasonable force, including deadly force, if they believe they
are in imminent danger of serious harm.
Necessity The crime was committed to prevent a greater harm.
Duress The crime was committed under immediate threat of serious harm.
Burglary Burglary involves entering a structure without consent with the intent to commit a
felony or theft once inside.
Conspiracy Conspiracy requires an agreement between two or more individuals to commit a
crime, along with an overt act taken in furtherance of the conspiracy.
Child Custody Custody is based on the 'best interest of the child' standard, considering factors
like the child's emotional and physical needs, relationships with parents, and the
home environment.
Custody Preferences of a Minor Child Preferences of children aged 11 to 14 are considered but not controlling. Children
aged 14 and older have the right to choose the parent they wish to live with,
unless it is not in their best interest.
Child Custody and Visitation Courts typically grant reasonable visitation rights to non-custodial parents unless
there is evidence that visitation would harm the child.
Custody Determinations Custody decisions are made by considering the child's best interest, including the
parent's ability to provide for the child's emotional and physical needs.
Custody Modification Custody orders can be modified upon showing a substantial change in
circumstances that affects the child's welfare.
Child Custody and Best Interest Standard Courts use the 'best interest of the child' as the guiding principle in custody
matters, considering factors such as emotional ties, stability, and the parent's
involvement in the child's life.
Visitation Rights of Grandparents Grandparents can seek visitation if it is in the child's best interest and the child
would suffer harm without such visitation.
Child Support Calculations Child support is calculated based on the combined income of both parents, using
an income shares model to ensure both contribute proportionally.
Child Support Both parents have a legal duty to support their children according to their
financial ability and the needs of the child.
Child Support and Alimony Modification Modifications to child support or alimony require proof of a substantial change in
circumstances, such as a change in income or the needs of the child.
Standing Orders and Enforcement Child support and custody orders can be enforced through contempt
proceedings, wage garnishment, and other legal remedies.
Child Support and Trust Distributions Trust distributions may be considered part of a parent's income for the purpose of
calculating child support.
Parental Rights Parents have a fundamental right to make decisions regarding their child's
upbringing, education, and care unless the court finds the parent unfit.
Paternity and Parental Rights Establishing paternity grants a father the right to seek custody and visitation and
imposes a duty to support the child.
Equitable Division of Property Property is divided equitably, not necessarily equally, based on factors like the
duration of the marriage, contributions to the marriage, and the economic
circumstances of each spouse.
Marital Property vs. Separate Property Marital property includes assets acquired during the marriage, while separate
property includes assets acquired before marriage or through gift or inheritance.
, GA Bar Exam Rules | Georgia Bar Exam Study Guide & Practice Questions 2026/2027
Appreciation of Assets During Marriage The increase in value of separate property during the marriage due to efforts of
either spouse may be treated as marital property.
Gifts and Inheritances Gifts and inheritances received by one spouse during the marriage are typically
considered separate property unless commingled with marital assets.
Division of Retirement Benefits Retirement benefits earned during the marriage are considered marital property
and are subject to equitable division.
Division of Marital Property The court considers factors such as the contribution of each spouse to the
acquisition of property, the needs of each party, and the future earning potential.
Fraudulent Transfers to Avoid Equitable Distribution Any transfer made to avoid equitable distribution may be set aside by the court.
Rights of Third Parties in Divorce Property Disputes Third parties, such as creditors, may assert claims on property during a divorce if
they have a legal interest in it.
Recovery of Gifts in Contemplation of Marriage Engagement rings and other gifts given in contemplation of marriage can be
recovered if the marriage does not take place.
Division of Retirement Accounts Retirement accounts can be divided using a Qualified Domestic Relations Order
(QDRO) to allocate benefits to each spouse.
Classification of Marital and Separate Property Property is classified as either marital or separate depending on when and how it
was acquired.
Treatment of Separate Property and Gifts Separate property remains the individual property of the spouse who acquired it
unless it was commingled with marital property.
Alimony and the Effect of Adultery Adultery can bar a spouse from receiving alimony if the adultery was the cause
of the separation.
Alimony and Equitable Distribution Alimony is determined based on the needs of one spouse and the ability of the
other to pay, taking into account the division of marital property.
Alimony and Attorney's Fees Courts can award attorney's fees based on the financial disparity between the
parties and the need for representation.
Enforceability of Premarital Contracts Premarital agreements are enforceable if entered into voluntarily, without fraud or
duress, and with full disclosure of assets.
Divorce Proceedings and Legal Standards Georgia allows both no-fault and fault-based divorce. Grounds for fault-based
divorce include adultery, abandonment, and cruelty.
Meretricious Relationships Georgia does not recognize legal rights for cohabiting couples who are not
married. Property and financial disputes are governed by contract law.
, GA Bar Exam Rules | Georgia Bar Exam Study Guide & Practice Questions 2026/2027
Jury Trials in Family Law Georgia allows jury trials for certain family law issues, such as the division of
marital property, but not for child custody determinations.
Adoption Objections by Grandparents Grandparents may object to an adoption if they can show that the adoption would
not be in the best interest of the child.
Bribery Charges Bribery consists of offering or giving something of value to a public official to
influence an official act or decision. It also includes soliciting or receiving such
value as a public official in exchange for favorable actions.
Conflict of Interest in Legal Representation Conflict of interest arises when a lawyer's duty to one client may be
compromised by the lawyer's relationship with another client or personal
interests. Attorneys must avoid situations where their representation of one client
may adversely affect another client.
Impeachment of Testimony A witness's credibility can be challenged (impeached) through evidence of prior
inconsistent statements, bias, inability to perceive or recall events, or a criminal
record.
Procedural Rights in Trial Defendants have rights to due process, including the right to counsel, the right to
confront witnesses, the right to remain silent, and the right to a jury trial.
Jury Selection and Voir Dire Voir dire is the process by which attorneys question prospective jurors to identify
biases or conflicts. Challenges for cause and peremptory challenges are used to
excuse jurors.
Directed Verdicts A directed verdict is issued by a judge, typically in favor of the defendant, when
there is insufficient evidence for a reasonable jury to find guilt beyond a
reasonable doubt.
Mistrial Motions A motion for mistrial is made when there has been a procedural error or
misconduct that renders a fair trial impossible. If granted, the trial ends, and a
new trial may be ordered.
Homicide (Including Felony Murder) Felony Murder: Occurs when a death results during the commission or attempted
commission of a felony, regardless of intent to kill. Malice Murder: Requires intent
to kill or extreme recklessness showing a disregard for human life.
Assault and Battery Assault: An attempt or threat to inflict physical harm. Battery: Actual physical
contact or harm inflicted on another person.
Self-Defense A person may use reasonable force, including deadly force, if they believe they
are in imminent danger of serious harm.
Necessity The crime was committed to prevent a greater harm.
Duress The crime was committed under immediate threat of serious harm.
Burglary Burglary involves entering a structure without consent with the intent to commit a
felony or theft once inside.
Conspiracy Conspiracy requires an agreement between two or more individuals to commit a
crime, along with an overt act taken in furtherance of the conspiracy.
