Most divorces start with the hope that things can stay civil. Maybe you and your spouse agreed to part ways, thinking you could settle everything quickly and quietly. But sometimes, even with the best intentions, emotions flare, and key decisions become impossible to reach an agreement on. To make matters worse, you don’t feel comfortable with the judge assigned to your case. When that happens, you may start to wonder: Can you get a jury trial in a Texas divorce?
The short answer is yes, but it comes with limits. Texas is one of the few states that allows juries to serve in divorce cases. Still, the jury’s involvement doesn’t look like what most people imagine from television or movies.
Instead, it’s a precise process reserved for only specific issues. Not every case qualifies for, or benefits from, a jury trial.
When a Jury Trial Becomes Part of the Divorce Process
A judge decides most divorces in Texas. Judges hear the evidence, review financial records, and issue rulings on how property is divided and how parenting arrangements are structured. But under Texas law, a spouse can request a jury trial to decide certain fact-based disputes that arise during the case.
For example, a jury might decide whether a particular asset is community or separate property. They can also resolve child custody issues. A jury can even rule on the validity of a prenuptial or postnuptial agreement.
So, while it’s not a standard practice, there are moments when having a jury of your peers decide these facts can help.
What a Jury Can and Cannot Decide
Texas law draws a clear line between what a jury can do and what must remain in the judge’s hands.
Below are some examples of things a jury can and cannot rule on.
A jury can decide:
- Whether property in the marriage is to be considered separate or community
- Which parent will be chosen as the primary conservator of the child
- The validity of a marital agreement
A jury cannot decide:
- How the marital property will actually be divided
- Child support or visitation schedules
- Spousal maintenance or enforcement issues
If you want a jury trial, you must submit a request in writing at least 30 days before your trial date. You should also be aware that even when a jury is involved, the judge still finalizes the divorce decree and handles all legal and financial calculations.
Why Some People Choose a Jury Trial
There are times when one side wants more than just a judge’s opinion. They’d rather have everyday people listen and weigh what happened. When emotions run high or property issues get complicated, a jury can seem like the most balanced way to reach a fair outcome.
In highly contested cases or those involving substantial assets, a jury trial is often viewed as providing an added layer of fairness.
But it’s not without tradeoffs. Jury trials are more expensive, take longer to prepare, and often offer less predictability. That’s why the decision should always be made after careful discussion with a skilled family law attorney.
When It’s Best to Talk With an Attorney
Deciding on a jury trial in your Texas divorce isn’t just a legal choice—it’s a strategic one. The right attorney can help you understand how juries view family matters in your county and whether a trial could strengthen or complicate your case. If your divorce involves contested issues, significant property, or questions about custody, talking with an experienced Texas family law attorney can help you make clear, confident decisions about how to move forward.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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