13 Jul Jury Trail Divorce Cases
Jury trial divorce cases have advantages and disadvantages.
When deciding whether to request a jury trial in a divorce context (not involving child custody issues), one should consider several factors including the size of the marital estate, the financial resources available for trial, the length of time it takes to get a civil trial and the reason for wanting a jury trial as opposed to a bench trial. Most divorce cases (not involving child custody) may not benefit from the expense of a jury trial. On the other hand, there may be very significant strategic reasons to request a jury trial in the context of a divorce case not involving children, such as waiting out the 10 year period to qualify for spousal maintenance, social security benefits, etc.).
IN THE CONTEXT OF a DIVORCE CASE REGARDING PROPERTY ISSUES, THE JURY CAN DECIDE THE FOLLOWING ISSUES:
- Grounds for a divorce
- Declaring a marriage void
- Existence of an informal marriage
- Character of Property
- Value of Property
- Disregarding Corporate Form
- Enforceability of Property Agreements
- Other tort claims between spouses such as assault.
JURY CAN ISSUE ADVISORY OPINIONS, THAT ARE NOT BINDING ON THE COURT, ON THE FOLLOWING ISSUES:
- Property Divisions
- Attorney Fees