We do our best to help you avoid going to trial because, like most people, you probably would rather resolve your issues outside of court. Doing so is less expensive, less time consuming, and emotionally, less challenging. Unfortunately, couples sometimes run into brick walls when trying to settle issues. When this happens, litigation may be the only way to finalize your divorce.
Many states limit all aspects of divorce to trials by a judge, but Texas isn’t one of these states. Under the Texas Constitution (Sec. 15), you have the right to a trial by jury and this applies for certain legal matters involving family. The Texas Family Code (Sec. 105.002) clarifies your right to a jury. It allows you to demand a jury trial to determine child custody issues, such as:
- Sole custody
- Joint custody
- Primary custody
- Which parent has the right to decide the child’s primary residence
- Restrictions on geographic areas for primary residence
Even so, the Texas Family Code also prevents a jury from determining certain matters, such as child support or specific terms for access to your child. If you want to find out more about what divorce issues can be subject to a trial by jury, you should ask your lawyer in Bryan, Texas. It’s good to know all your options.
Why would you want a trial by jury instead of by judge? Sometimes a jury can relate better to your situation than a judge would. That usually depends on the issues involved. Your lawyer can help you decide whether or not a trial by jury offers you any advantage. Each person’s divorce is unique. What works well in one divorce may not work well in another. Make sure your lawyer has all the details about your situation so she can provide you with effective legal advice.