Can You Seek a Divorce by Jury?

Normally, divorce procedures are conducted in front of a judge in a court room. They are not typically decided by a jury. There are exceptions to this rule, and in Georgia and Texas, individuals can choose to battle out their divorce terms in front of a full-blown jury. The jury is seldom used in divorce proceedings, because jury trials are far more expensive and labor intensive.

The treat of a jury trial helps to motivate divorcing spouses to come to terms on the details of their divorce outside of the court room. The jury is always seen as a last resort in a series of escalating options that become less and less appealing as individuals strive to come to conclusions in their divorce.

Normally, trial-by-jury divorces are used as a negotiation tool. Divorce lawyers will explain that unless the couple can come to a conclusion, a jury may be necessary. Juris in Texas and Georgia have the authority to decide alimony, child support and distribution of assists. In Texas alone, the jury has the authority to decide custody and visitation rights. Texas judges are the only ones with authority to divide assets.

In California, juries are never used in divorce negotiations. If you are planning to divorce from your spouse, you can decide between an amicable divorce, where you and your spouse make most decisions regarding the divorce division, or a contested divorce where you and your spouse will have to go to court and argue before a judge.

At Claery & Hammond, we want to facilitate the best outcome possible by exploring creative solutions in your divorce case. Don't hesitate to call today if you want more information about how we can help you! A Los Angeles divorce attorney at our firm will work alongside you in hopes of receiving a satisfactory settlement today!

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