A jury is a randomized group of United States citizens chosen to decide the outcome of cases. A jury can give binding verdicts (a final outcome) and/or advisory options (this is what we think should be the outcome). Jury trials are relatively uncommon in family law cases. Typically, a judge will decide all the issues. Texas is one of the few states that permits a jury consisting of 12 members and 2 alternates to make decisions in family law cases. The following are some binding and advisory issues a jury can hear.

Binding Issues

Grounds for divorce – What is the reason for the divorce?

Character of a property – Is the property separate property or is it community property and subject to division?

Value of a property – How much is the property worth?

Conservatorship – Which parent will be the primary conservator?

Geographic restrictions on a child’s residence – Where is the child’s or children’s residence?

Advisory Opinions

Division of property – How should the property and assets be divided?

Unconscionability of a premarital agreement – Is the premarital agreement valid?

Attorney’s fees– Who will pay the attorney’s fees?

Costs – Who will pay the court costs and expenses?

While the above is strictly for Texas family law cases, other states that allow a jury to participate in family law and divorce cases, follow similar guidelines.

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