Tarrant County Divorce Trial Lawyer
Success Trying Cases in Front of Juries and Judges
Cody is willing and well equipped to present your divorce case to a jury or judge. While most divorce cases only reach the courthouse for temporary hearings, motions, or prove-ups, a number of them do go to trial. Once a decision is made that the case will be tried, you and your divorce attorney must determine whether a judge or a jury will be the best trier-of-fact. If you decide to request a jury, your divorce lawyer must follow the appropriate procedures to insure you are able to exercise that right. Divorce court handles many issues like other civil matter, but in some instances divorces and other family law matters have specialized laws.
There are certain issues in divorce that you may ask a jury to determine. One issue is the fault of the divorce. After a jury decides fault, then the trial judge can consider that fault in dividing marital property (assets and debts). The court is bound by a finding of fault that the jury makes the court may consider this finding along with other findings to properly divide the marital property. If you ask a jury to make a determination about fraud in a divorce and this determination by the jury is generally binding on the court. The judge makes the final determination on the manner in which the marital assets and debts, but a jury may make preliminary determinations of facts. In a divorce the jury may determine that the property is separate property or they make a determination about the market value or property. However, when a jury makes a finding about the nature of property (i.e. separate or community) or the proper percentage of division of assets or debts the jury’s decision is only to advise the judge, and the divorce court may not allow you to submit the issue to a jury. Divorces that also include a suit affecting the parent-child relationship (“SAPCR”) may demand a jury trial except where they wish to have a jury determine parentage or when an adoption is sought. Tex. Family Code § 105.002. A person will not likely receive a jury trial on issues of child support; specific terms or conditions of possession or access to a child; or most rights or duties concerning parenting a child. Submitting certain questions to a jury may be your best option for getting a favorable outcome in a divorce. It is important that your divorce attorney is familiar with the local rules of court and the local jury pool. Cody is familiar with Tarrant, Denton, Collin, Wise, Dallas, Parker, Johnson, and Hood counties.