Does divorce court have a jury? Contrary to what you might see in media portrayals, divorce court typically does not involve a jury. Instead, a judge hears and decides these cases, evaluating the evidence and making rulings based on the law. Understanding this aspect of the legal process is essential for anyone navigating family law matters, as it highlights the importance of being familiar with courtroom procedures and expectations. Although the absence of a jury differs from media depictions, it allows judges to handle family law cases with the legal expertise and sensitivity needed for each unique situation.
First, the vast majority of child custody and divorce cases settle in Texas without going to a trial. Well, this may be news to you; it should not be bad news. You don’t want to have to go before a judge or jury necessarily to complete your family law case. Remember that you are attempting to decide on issues that impact your family and your long-term well-being. Nobody knows what’s better for your family than you and your opposing party. You may not agree on every subject, but you are certainly capable of putting aside your differences as much as possible and settling on terms that could civilly and your dispute in a divorce or child custody case.
Jury trials in family law: what to consider
On top of the unlikelihood that your case will ever reach a trial, we also have to contend with the reality that even if your case does make it to a trial, you are much more likely to have your case heard by a judge than by a jury. Requesting a jury trial in a divorce is rare because individuals typically prefer a judge with experience in family law over jurors who may lack familiarity with the relevant statutes, precedents, and technicalities. Family court judges, who bring extensive experience to the table, are responsible for making decisions based on their expertise in these matters. Most people in your position do not want their peers who may have no experience in family law to make these types of decisions for them.
This is why not only are you unlikely to ever go to a trial in your family law case, but you are unlikely to need to request a jury. However, you might find yourself in situations where you and your attorney believe a jury trial would be preferable to a trial before a judge. Although a judge would still be part of the trial to rule on the admissibility of evidence and objections made during the trial, you would be presenting issues to a jury to decide. This is what I would like to discuss in today’s blog post. What are some of the necessary aspects of jury trial consideration for you to make as you approach the beginning of your family law case?
Information about jury trials in Texas family law cases
As we’ve discussed, Texas does allow for jury trials in cases such as child custody and divorce. However, you will almost certainly have your case heard before a judge, as jury trials in these matters are relatively uncommon. One of the major reasons for this is that judges can decide every issue in a divorce or child custody case, while juries can only answer a few. This may impact your willingness to consider a jury trial given the circumstances of your case.
Issues a jury can decide in a Texas family law case
A major issue that impacts a growing number of Texans in this day and age is whether or not yours is a more common dating relationship or a common-law marriage. One issue a jury can determine is whether you are in a marriage or a dating relationship. The key characteristics of a common-law marriage include: living together under one roof, engaging in activities typical of married couples, and presenting yourselves to the community as a married couple. If you meet all three of these criteria simultaneously, you are deemed to be in a common-law marriage.
Jury decisions on property value in divorce trials
A second issue that a jury can determine as part of your divorce trial would be the value of certain pieces of property. As a family law attorney, this makes me a little nervous because you were asking everyday people like ourselves to make decisions about some of your most valuable assets. Divorce attorneys will present expert witnesses in trials, and the jury will largely base their estimate on the expert witness’s value in their testimony.
However, this gets back to the point I made at the beginning of today’s blog post. Although jury trials are common in the United States, some cases benefit more from a judge’s experience rather than relying on a jury that depends on expert witness testimony. Family law matters, in particular, can benefit from a judge’s expertise. Judges typically base their decisions on the facts and are less likely to be swayed by persuasive arguments. This is exactly what you want to determine the value of the property.
Jury determination of reimbursement and property classification
Third, a jury can determine whether you deserve reimbursement from your spouse after the marriage ends. For example, if one spouse owns a separate property home and community funds are used to improve it or pay the mortgage, the community estate can request reimbursement from the spouse’s separate estate. A jury can assess how much reimbursement is necessary in these situations.
Beyond this issue, juries can also determine whether or not a piece of property is part of your community estate or belongs in one of the separatist states of you and your spouse. Texas is a community property state where the law generally assumes all property is divisible in a divorce unless there is evidence to the contrary. With that said, if you and your spouse cannot agree on which state a piece of property belongs to, then you all may be able to have a jury decide this issue; that is your choice.
Next, if you believe that adultery was the basis for your getting a divorce, then you can submit this question to a jury to determine whether or not there is a basis for citing this as a ground for your divorce. If a jury finds that adultery influenced your divorce, they may award you a disproportionate share of the community estate as the innocent spouse. Both sides would be able to submit evidence to show whether or not adultery did occur and what impact it had on your marriage, if any.
Children’s issues about jury trials in Texas
In addition to the issues already presented in today’s blog post, juries in a family law case can also determine if she’s related to your children in their relationship with you. Deciding which parent will be designated as the primary conservator of the children is one of the most hotly contested issues in Texas family law cases. The primary conservator can determine the primary residence of the kids and also receive child support. As a result, this issue is often resolved at trial if the parties cannot reach a settlement before going to court.
If you choose a jury trial for your family law case, you can submit the issue of primary conservatorship to the jury for consideration. You and your co-parent will each have the opportunity to present evidence showing why you should be named the primary conservator of your children. After reviewing all the evidence, the jury will make a decision based on what is in the best interest of your children. This is the same legal standard that a judge would need to make the decision based on, but the jury will also be able to do so.
You can also present other conservatorship issues to a jury. The key question in Texas family law cases is whether the court will name the parents as joint managing conservators. Typically, the court names parents who live in separate households and have undergone family law proceedings as joint managing conservators. This means that you all will be able to share responsibility regarding your children in the decision-making.
Child custody and geographic restrictions
Additionally, this also means that you all will share something that amounts to a standard possession order to spend time with your children. The state of Texas encourages families to share time and responsibilities with children. However, a jury may determine that naming either you or your co-parent as a joint managing conservator is not in the best interest of the children. In such a case, the court might appoint the other parent as the sole managing conservator, granting them the authority to make most decisions for the children and spend the majority of their time with them.
In family law cases, determining the naming of a sole managing conservator is crucial. While not applicable to every case, it’s significant enough to warrant consideration with your attorney. Your attorney may advise presenting this issue to a jury rather than a judge, based on specific factors in your case. Consider their advice and make a decision in the best interest of you and your children.
As it sometimes happens, you may wish for a geographic restriction put in place about where your children can live after the family law case is over. The geographic restriction aims to ensure that children can spend time with both parents after a family law case concludes. It ensures that the non-primary conservator lives close enough to the children to effectively facilitate the visitation and possession schedules established.
Geographic restrictions in child custody cases
Imagine that you are named the possessory conservator the parent with hearing the children do not reside with primarily. Now imagine that you are in a scenario where your Co-parent can pick up and move with the children anywhere they want without regard to where you are or your employment. This puts you in a precarious position where you may need to up and leave quite frequently due to your children being on the move. Not only is this not ideal for you, but it likely is less than ideal for your children, as well.
Therefore, the geographic restriction is oftentimes utilized to limit the ability of the primary Conservator to move with the children beyond a certain geographic area. For example, if you reside in Harris County as the primary conservator of your children, then you may be unable to move beyond Harris or one of the counties that border Harris. I have seen geographic restrictions limited to only Harris County or Harris and another County. I can even recall one case in the past where both parents were so in love with a certain school district that the geographic restriction was limited to the bounds of that specific school district.
If there is disagreement about the geographic restriction, you can present the issue to a jury in your family law case. If you oppose a geographic restriction, be prepared to provide evidence to the jury explaining why such a restriction should not be implemented. Focus on demonstrating how the restriction is not in the best interests of your children, rather than emphasizing how it might inconvenience you.
Child Protective Services cases and jury trials
The most consequential issue in a family law case is whether your parental rights can be terminated. You don’t see this issue brought up in most divorce or child custody cases, but you see it as a part of Child Protective Services cases with some regularity. CPS cases often involve this issue because they already center around concerns of child abuse and neglect. The leap from abuse and neglect issues to termination of parental rights is a shorter one than you see involved in your typical child custody or divorce case.
If you choose not to participate in efforts to reunify you with your child during a CPS case, then the state of Texas can ask a court to have your parental rights terminated. If your involvement in your child’s life poses a continued risk to their safety and well-being, this may become a significant issue in your CPS case. A jury in Texas can consider this issue and whether it is in your children’s best interest for you to no longer have a role in their life.
As you can see, the number of issues that a jury can consider in a family law case is pretty diverse. With all the issues consequential to your life and that of your children, you should speak to your attorney and have detailed discussions before requesting a jury trial in your family law case. There are advantages and disadvantages to making this sort of selection, and you should not do so without first thinking through the issues thoroughly.
Conclusion
The question, “Does divorce court have a jury?” addresses a common misconception often fueled by media portrayals of courtroom dramas. Unlike the dramatic jury trials shown on television and in films, judges typically decide divorce court cases rather than juries. This difference underscores the importance of understanding courtroom procedures and expectations in family law matters.
Although this contrasts with media depictions, it ensures that family law cases receive the necessary legal expertise and sensitivity to individual circumstances. Being aware of the absence of a jury in divorce court helps individuals navigate the legal system more effectively and advocate for their rights with greater clarity and confidence.
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