GEORGIA BAR EXAM MOST
TESTED TOPICS WITH A+
GRADED ANSWERS
GA Marriage - answer-License + Solemn vow ceremony + recorded with in 30 days to
probate court and two witnesses affidavit + must be over 17 years old and if 17 must
show
Common Law Marriage - answer-Ended in 1997 + parties agree they are married + hold
themselves out as married.
Heartbalm Action - answer-Money damages for reputation hit for not getting married,
return of gifts needed by party who broke off the engagement
Annulments - answer-declare marriage invalid; not okay if marital kids, generally no
alimony
Void marriage - answer-bigamy, incest, mental incapacity
voidable marriage - answer-under 17, duress, intoxication, induced by fraud
No fault divorce - answer-marriage irretrievably broke, lack of cohabitation and no
prospect of reconcile; no grant until 30 days after service
Fault divorce - answer-limit on alimony and property; adultery; desertion of one year;
conviction of moral turpitude prison for two years; habitual intoxication; cruel treatment
making cohabitation unstable; incurable mental illness; habitual drug addiction
Defenses to divorce - answer-collusion; consent; like conduct; condonation
, Divorce Civ Pro - answer-GA resident for 6 months; Pj over non-res for property and
alimony; venue in city where D is or P is the D is out of state. Jury can decide money
issues but judge must decide child custody
Divorce equitable distribution - answer-court considers: marriage duration, income and
earning capacity, health and needs, assets and debts, education, martial contributions
like home making, standard of living, fault, child custody
Marital property - answer-during marriage regardless of title; appreciation of sep prop
due to spouse effort; pensions; good will; stock options
separate property divorce - answer-owned before marriage; agreement exclusion; gift or
inheritance; settlement payments for claim before marriage; social security; but if you
co mingle too much then could lose this status
Source of Funds rule - answer-prop can be sep and marital in proportion to traced
contributions provided to purchase prop.
Alimony - answer-court awards to economically dependent spouse either fixed or lump
sum; look at:
standard of living
marriage duration
age and health
resources
employment opportunities
TESTED TOPICS WITH A+
GRADED ANSWERS
GA Marriage - answer-License + Solemn vow ceremony + recorded with in 30 days to
probate court and two witnesses affidavit + must be over 17 years old and if 17 must
show
Common Law Marriage - answer-Ended in 1997 + parties agree they are married + hold
themselves out as married.
Heartbalm Action - answer-Money damages for reputation hit for not getting married,
return of gifts needed by party who broke off the engagement
Annulments - answer-declare marriage invalid; not okay if marital kids, generally no
alimony
Void marriage - answer-bigamy, incest, mental incapacity
voidable marriage - answer-under 17, duress, intoxication, induced by fraud
No fault divorce - answer-marriage irretrievably broke, lack of cohabitation and no
prospect of reconcile; no grant until 30 days after service
Fault divorce - answer-limit on alimony and property; adultery; desertion of one year;
conviction of moral turpitude prison for two years; habitual intoxication; cruel treatment
making cohabitation unstable; incurable mental illness; habitual drug addiction
Defenses to divorce - answer-collusion; consent; like conduct; condonation
, Divorce Civ Pro - answer-GA resident for 6 months; Pj over non-res for property and
alimony; venue in city where D is or P is the D is out of state. Jury can decide money
issues but judge must decide child custody
Divorce equitable distribution - answer-court considers: marriage duration, income and
earning capacity, health and needs, assets and debts, education, martial contributions
like home making, standard of living, fault, child custody
Marital property - answer-during marriage regardless of title; appreciation of sep prop
due to spouse effort; pensions; good will; stock options
separate property divorce - answer-owned before marriage; agreement exclusion; gift or
inheritance; settlement payments for claim before marriage; social security; but if you
co mingle too much then could lose this status
Source of Funds rule - answer-prop can be sep and marital in proportion to traced
contributions provided to purchase prop.
Alimony - answer-court awards to economically dependent spouse either fixed or lump
sum; look at:
standard of living
marriage duration
age and health
resources
employment opportunities
