A jury demand in a Georgia divorce has to be in writing and it has to be on file on or before the call of the case for trial.
What the Statute Requires
OCGA 19-5-1(a) makes the judge the sole trier of fact “[u]nless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial.”
Either spouse can make the demand, whichever one filed for the divorce.
What “Call of the Case for Trial” Means
Matthews v. Matthews, 268 Ga. 863 (1998), settled this. The phrase means “that moment in time when the [trial court], in the regular course, calls out the number and title of the cause and determines that the parties are present and ready for trial; in other words, the beginning of the trial.”
Both halves matter. The judge in Matthews had sounded the case at a calendar call but never determined the parties were present and ready, so a demand filed weeks later was still timely.
Waiting Too Long Loses It
In Ivey v. Ivey, 264 Ga. 435 (1994), a husband filed his demand about a year after the evidence began. The Supreme Court held he had waived the right, and said he “would have preserved his right to a jury trial if he had made his demand earlier (e.g., in his answer).”
The Judge Can Still Allow One
A late demand is not always the end of it. In Bullock v. Bullock, 234 Ga. 253 (1975), a husband demanded a jury after both sides announced ready. The Supreme Court held that what is now OCGA 9-11-39(b) “authorized the trial court to permit a jury trial even if the written demand … was not timely filed.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!