If you want to have your family law or divorce case tried in front of a jury, this is a legal right you are allowed in Texas though not all the issues related to divorce are going to be decided by the jury. You must timely pay the jury fee of $40 which is due 30 days before the case is set for trial.
Jury issues in a Texas divorce include:
- Fault in the divorce (but not the property division)
- Characterization of property as Separate property vs. Community property and tracing of assets to determine the characterization
- Who will determine the residence of minor children and any restrictions as to where that residence can be made.
- Existence of a marriage (common law marriage)
- Enforcement as to child support or spousal support if incarceration of more than 180 days sought from the non-movant
- Value of the property to be divided
- Whether the marriage is void (except for if the parties to the marriage are minors)
Divorce issues such as child support, specific terms or conditions of possession or access to a child, or most rights/duties concerning parenting and property division are decided by the judge and not by the jury. Jury is made up of 12 citizens who will hear the facts of your case. They will decide certain issues in your family law matters based on a jury charge. A jury charge is a questionnaire that is used to help the jurors reach a decision in your case. Both, divorce and family law matters can be heard in front of a jury.