Cecily Zamora
In the United States, jury trials in family law cases are rare. While the US Constitution guarantees the right to a jury trial for criminal charges, this does not extend to family law cases, which are generally considered civil matters. However, in certain states like Texas, individuals can request a jury trial for specific issues within family law, such as property division and certain parenting issues in a divorce. In these cases, juries can decide on issues like spousal maintenance, fault in divorce, and child custody. Nevertheless, jury trials in family law are not a right and are subject to specific procedures and limitations.
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What You'll Learn
Jury trials are rare in family law cases
In family law cases, judges typically preside over trials and can hear all issues pertaining to the case, including conservatorship, possession and access, division of property, and child support. Judges will listen to the evidence presented by both sides and make a final ruling on all issues.
However, in certain states like Texas, juries can decide on specific issues in family law cases. For example, juries can make decisions about property division, spousal maintenance, and certain parenting issues in a divorce. Juries can also rule on the existence or non-existence of a common-law marriage and decide on child custody issues.
Despite the availability of jury trials in some states, they are still rare due to the expense associated with them and the fact that it means handing over the case to 12 strangers who may not be familiar with the intricacies of family law. Additionally, jury trials in family law cases require specific steps and understanding, such as the jury charge, which outlines the rules and issues for the jury to consider.
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Juries can decide on spousal liability in divorce cases
In the United States, the right to a jury trial is only intended for criminal charges that carry significant fines or jail time. However, in contested family law cases, individuals can request a jury trial to decide on specific issues. In divorce cases, juries can decide on spousal liability by ruling on issues such as spousal maintenance, fault in the divorce, and property division.
Spouses can sue each other for "torts" committed during the marriage, including fraud, breach of fiduciary duty, assault, and claims under the Family Code. Juries can determine if a spouse is liable to the other spouse or if a marital estate is liable to the other estate. Juries can also decide on issues of spousal maintenance, including personal injury settlements, and whether the couple had a common-law marriage.
In Texas, which has the most liberal rules regarding jury trials in divorce cases, juries can decide on child custody and geographic restrictions. However, juries cannot make decisions on specific terms or conditions of possession or access to the child, enforcement issues, or cases concerning parentage. Additionally, while juries can determine the character of property as separate or marital, the judge decides on the division of community property.
Jury trials in family law cases are rare due to the limited issues a jury can decide on, the associated expenses, and the concern of sharing personal information with a group of strangers. Individuals considering a jury trial should consult a family law lawyer to understand their rights and chances of winning in front of a jury.
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Juries can rule on the existence of common-law marriages
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that is recognised in seven states, the District of Columbia, and some provisions of military law. Two other states recognise domestic common-law marriage after the fact for limited purposes. Common-law marriage is a marriage that results from the couple's mutual agreement to be considered married, followed by cohabitation, rather than a statutorily defined process.
Texas is one of the states that acknowledge common-law marriages. In Texas, a jury can decide on the existence of a common-law marriage. They can hear testimony and rule on whether a common-law marriage existed or not. This is a crucial decision, especially if the couple is going through a divorce and has children or is involved in a child custody case.
In a jury trial, 12 citizens are empaneled to hear the case and make a determination on specific issues. In the context of family law, juries can make decisions about property division and certain parenting issues in a divorce. For example, they can decide on whether the property at issue is community or separate property, determine its value, and establish if the property division is just and right under the law. Juries can also rule on spousal maintenance, fault in the divorce, issues of annulment, and attorney's fees.
It is important to note that juries are not allowed to make decisions on specific terms or conditions regarding possession of or access to the child. 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, is also outside the scope of a jury's decision-making. Enforcement issues, unless they involve contempt of court with more than six consecutive months of jail time, are typically decided by a judge.
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Juries can decide on child custody in Texas
Texas is the only state that allows juries to give verdicts that decide the custody of children. In a contested family law case, one may request a jury trial at the final hearing. However, jury trials are rare in family law cases because there are limited issues a jury can decide, and there is an expense associated with jury trials.
In Texas, the role of a jury in child custody cases is defined by specific rules. A jury can decide on important elements of a child's future, such as whether one parent should be the sole managing conservator or if both parents should be joint managing conservators. They can also decide which parent gets the right to determine where the child will live. Juries can hear testimony and rule on evidence concerning the existence or non-existence of a common-law marriage.
However, juries cannot make decisions on any specific terms or conditions of possession of or access to the child. They also cannot decide on 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. Enforcement issues are also beyond the scope of a jury's jurisdiction, unless more than six months of confinement is requested.
It is important to understand the distinctions between what a judge and a jury can decide in a child custody case, as this can be crucial in a custody battle. While a jury can decide on key aspects of custody and residence, a judge oversees the finer details of child support, visitation, and legal rights.
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Judges preside over divorce cases in Clark County, Nevada
In Clark County, Nevada, divorce cases are presided over by judges of the Family Division of the Eighth Judicial District Court. This court was established in January 1993 and is responsible for handling family and juvenile cases in the county. The Family Division has two court locations that deal with general family law matters: the Family Courts and Services Center and the Regional Justice Center, with most family court judges located at the former.
While jury trials are available in some family law cases, they are quite rare. This is due to several factors, including the limited issues that a jury can decide on, the associated costs, and the potential drawbacks of having one's case decided by a group of strangers. In a jury trial, 12 citizens are empaneled to hear the case and make determinations on specific matters.
In contrast, a bench trial, where a judge presides and makes rulings on all issues, is the most common type of trial in family law. The judge can hear and decide on a wide range of matters, including conservatorship, possession and access, division of property, and child support. The judge will consider the evidence presented by both sides and issue a final ruling on all the issues before the court.
Although jury trials are uncommon in family law, they can be requested in certain circumstances. For example, in a divorce, a jury may decide on issues such as property division, spousal maintenance, fault for the divorce, and attorney's fees. Juries can also make determinations regarding the existence or non-existence of a common-law marriage and, in Texas specifically, on child custody matters. However, it is important to note that there are restrictions on what a jury can decide, and certain issues, such as specific terms or conditions of child access and enforcement matters, are reserved for a judge's decision.
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Frequently asked questions
In the US, there is no federal right to a jury trial in family law cases. However, Texas is one of the few states that allow jury trials in family law cases.
If you want a jury trial in a family law case, you must request that a State Legislature present legislation that allows for jury trials in family law cases. You can request a jury trial at any time in your case, but no later than 30 days before the date your case is set for the final trial.
A jury trial may be beneficial if you believe the judge will rule against you, as has happened in a previous hearing. A jury trial can also be an opportunity to present your case to a group of your peers, as opposed to a judge, who may be perceived as cold and stoic.
Jury trials are expensive and complicated, and there are limited issues that a jury can decide on.
In a divorce, a jury can decide on property division, spousal maintenance, fault of the divorce, issues of annulment, and attorney’s fees. In Texas, a jury can also decide on child custody.
