Family law cases are often emotionally charged and legally complex. When a family law matter goes to court in Harris County, Texas, one of the critical decisions to be made is whether to involve a jury. While most family law cases are decided by a judge, certain issues can be tried before a jury. Understanding the role of a jury in family law cases and the specific issues they can decide is crucial for anyone involved in a divorce or custody battle. As a board-certified Houston divorce lawyer with 25 years of experience, I have handled numerous cases involving jury trials and can provide the expertise needed to navigate this complex aspect of family law.
Jury Trials in Texas Family Law: An Overview
In Texas, the right to a jury trial in family law cases is governed by specific statutes, particularly the Texas Family Code. While not all aspects of a family law case can be decided by a jury, certain issues are explicitly reserved for jury determination.
**1. Texas Family Code § 105.002:
Under Texas Family Code § 105.002, either party in a suit affecting the parent-child relationship may request a jury trial. However, the issues that a jury can decide are limited. Specifically, a jury may determine:
- The appointment of a sole managing conservator or joint managing conservators.
- Which joint managing conservator has the exclusive right to designate the primary residence of the child.
- Whether to impose a geographical restriction on the child’s primary residence.
However, a jury cannot decide issues related to child support, possession, or access (visitation). These matters remain within the purview of the judge.
**2. Texas Family Code § 6.703:
In divorce cases, Texas Family Code § 6.703 provides that either party may request a jury trial. The jury can decide contested issues such as:
- The characterization of property (whether property is separate or community).
- The value of community property.
- Fault grounds for divorce, such as adultery or cruelty.
However, the jury does not divide the community estate; that responsibility lies with the judge. The judge uses the jury’s findings on property characterization and valuation to make a fair and equitable division of the marital estate.
When to Consider a Jury Trial in Family Law Cases
Deciding whether to request a jury trial in a family law case is a strategic decision that depends on the specific circumstances of the case. Here are some factors to consider:
**1. Complex Property Issues:
If your divorce involves complex property issues, such as disputes over whether certain assets are community or separate property, a jury trial may be advantageous. A jury can help ensure that these issues are decided by a group of your peers rather than a single judge. This can be particularly beneficial if you believe a jury may be more sympathetic to your position.
**2. Contentious Custody Disputes:
In high-conflict custody disputes, where the appointment of managing conservators is heavily contested, a jury trial can provide a more democratic resolution. If you feel that a jury may better understand your position regarding conservatorship, this option may be worth pursuing.
**3. Public Policy Considerations:
In some cases, a party may seek a jury trial to bring attention to broader public policy issues. For example, if a case involves novel legal questions or significant moral or ethical considerations, a jury trial can serve as a forum for these issues to be addressed in a public setting.
**4. Emotional Dynamics:
Jury trials can also introduce emotional dynamics into the proceedings. If one party believes they can present a more compelling emotional case to a jury, this might influence the decision to opt for a jury trial. However, it’s important to consider that a jury trial can also be more stressful and time-consuming for all involved.
Challenges and Considerations in Jury Trials
While a jury trial can be advantageous in some family law cases, it also presents unique challenges:
**1. Increased Costs and Time:
Jury trials are generally more expensive and time-consuming than bench trials (trials decided by a judge). The process of selecting a jury, presenting evidence, and obtaining a verdict can significantly extend the duration of the case and increase legal fees. It’s essential to weigh these factors against the potential benefits of a jury trial.
**2. Unpredictability:
Juries can be unpredictable, and there is always a risk that they may not see the case in the same way you do. While a jury might be more sympathetic to certain arguments, they may also be swayed by factors that are less relevant to the legal issues at hand. This unpredictability is a crucial consideration when deciding whether to pursue a jury trial.
**3. Limited Issues for Jury Determination:
As noted earlier, not all issues in a family law case can be decided by a jury. For example, issues related to child support, visitation, and the division of property are exclusively within the judge’s purview. Therefore, even if you opt for a jury trial, the judge will still make crucial decisions that will affect the outcome of your case.
Preparing for a Jury Trial in Harris County
If you decide that a jury trial is the right option for your case, it is essential to prepare thoroughly. As an experienced Houston divorce lawyer, I provide comprehensive trial preparation services to ensure that my clients are fully prepared for the challenges of a jury trial.
**1. Jury Selection:
The process of jury selection, known as voir dire, is critical in a family law case. During voir dire, both parties have the opportunity to question potential jurors and strike those who may be biased or otherwise unsuitable. I have extensive experience in jury selection and can help ensure that your case is heard by a fair and impartial jury.
**2. Presenting Evidence:
Presenting evidence to a jury requires a different approach than presenting to a judge. Jurors may not have legal training, so it’s essential to present your case clearly and compellingly. I work with my clients to prepare evidence and testimony that will resonate with a jury, including expert witnesses when necessary.
**3. Crafting Arguments:
The arguments presented to a jury must be both legally sound and emotionally persuasive. I craft arguments that are designed to appeal to the jury’s sense of fairness and justice while also ensuring that the legal issues are clearly explained.
The Role of the Judge in Jury Trials
Even in a jury trial, the judge plays a crucial role in managing the proceedings. The judge is responsible for ruling on legal questions, instructing the jury on the law, and making decisions on issues that are not within the jury’s purview.
For example, while the jury may determine the value of certain assets or whether one party is at fault for the divorce, the judge will use these findings to make decisions about the division of property and the overall outcome of the case. It is essential to have an attorney who understands both the jury and the judge’s roles and can navigate the trial process effectively.
Conclusion
Jury trials in family law cases are a powerful tool that can influence the outcome of your divorce or custody dispute. However, they also require careful consideration and preparation. As a board-certified Houston divorce lawyer with 25 years of experience, I have the knowledge and expertise to guide you through the complexities of a jury trial, ensuring that your rights are protected and your case is presented effectively.
If you are facing a family law matter in Harris County and are considering a jury trial, please contact my office at 281-DIVORCE to schedule a consultation. My offices are located at 6100 Corporate Drive, Suite 190, Houston, TX 77036, and 715 East Whitney, Houston, TX 77022. We are open Monday, Tuesday, Thursday, and Friday from 8:30 AM to 5:30 PM, and Wednesdays from 8:30 AM to 7:00 PM. I am here to help you make informed decisions and achieve the best possible outcome in your case.
