Jury trials for divorces are not as common as in criminal matters. There are limitations to what a jury can decide, which limits why someone may not choose a jury trial.

What can a jury decide regarding property?

• If the property at issue is community property or separate property;
• If the property is community property, what is the value of that property; and
• If the property division is considered just and right under the law.

What can't a jury decide regarding property?

• how to divide the property; and
• how to enforce the terms of a prior order.

What can a jury decide regarding children?

• Conservatorship. Juries can decide if the parties are going to be made joint managing conservators, one parent as the sole managing conservator, or the appointment of a possessory conservator;
• Primary residence. If the jury makes the parents joint managing conservators, the jury can decide which parent has the exclusive right to designate the primary residence of the child; and
• Geographical restriction. Juries can decide if the primary residence of the child can be restricted to a certain geographical area.

What can't a jury decided regarding children?

• Child support issues
• Terms or conditions regarding possession of the child; and
• Any right or duty of a conservator other than determining which joint managing conservator has the exclusive right to designate the primary residence of the child.

Deciding whether to have a jury trial for your divorce is a significant choice that should align with your unique circumstances and desired outcomes. Consulting with an experienced family law attorney is crucial to making an informed decision that best serves your interests and the well-being of all parties involved. Please contact Deitchle+Simone for further information.