Jury Trials

Understanding Jury Trials in Texas Family Law

Texas family courts allow juries to decide certain critical questions. While most states leave divorce and custody outcomes solely to judges, Texas gives litigants the option to have a jury determine issues like conservatorship, the right to designate a child’s primary residence, and whether property is community or separate. This right can be a valuable tool when you believe a panel of community members will better appreciate your circumstances than a single judge.

Strategic Considerations

Deciding whether to request a jury trial requires careful strategic evaluation. Not every family law case benefits from being presented to a jury. Matters involving contested conservatorship or allegations of fault may be well suited for juror decision making, while disputes over the classification or value of complex assets can sometimes be evaluated more evenly by a jury than by a single judge. The judicial climate of a particular court may also factor into the decision, especially where judges are known to have consistent tendencies. At the same time, clients must consider the additional financial cost, emotional strain, and preparation required for a jury trial. When time is a critical concern, a bench trial may offer a more efficient path to resolution.

A skilled family law attorney will weigh these factors with you and determine whether the potential benefits justify the costs.

What Juries Can Decide

A jury trial does not mean jurors decide everything in your case. They have authority over specific fact questions. These include:

• Conservatorship – determining whether parents are joint managing conservators or whether one parent should be sole managing conservator.
  
  
• Primary Residence – deciding which parent will have the exclusive right to choose the child’s primary home.
  
  
• Geographic Restriction – determining whether to impose a geographic restriction on where the child may live.
  
  
• Character of Property – deciding whether marital property is community or separate and assessing its value.
  
  
• Spousal Maintenance and Fault – determining the existence of a common‑law marriage, whether one spouse was at fault in ending the marriage, or whether an annulment is warranted.
  
  
• Attorney’s Fees – determining liability for attorney’s fees in some circumstances.
  
  

The jury can return findings on these questions, which bind the judge. However, the judge still oversees issues like possession schedules, child support, and final property division.

Issues a Jury Cannot Decide

Even in Texas, juries have limited jurisdiction. Judges retain authority over:

1. Specific visitation schedules and parenting plans – jurors cannot set times and dates for possession.
   
   
2. Child Support – the amount of child support is always determined by the court, based on statutory guidelines.
   
   
3. Rights and Duties other than Primary Residence – details like medical decision‑making, educational authority, and extracurriculars remain with the judge.
   
   
4. Enforcement or Modification of Prior Orders – juries do not hear enforcement actions or modifications; those matters are handled by the court.
   
   
5. Adoption and Parentage – these sensitive issues are reserved for judges.
   
   

The Jury Trial Process in Family Law

If you decide a jury trial may benefit your case, there are procedural steps to follow. In Texas, you must file a written request for a jury no later than thirty days before the trial and pay a small fee. Failing to meet this deadline can waive your right to a jury. After the demand is filed, the court schedules a jury docket and the parties prepare their cases.

Steps Involved

1. Demand and Payment – File a written jury demand with the district clerk and pay the required fee (currently ten dollars in district court).
   
   
2. Discovery and Preparation – Gather evidence, conduct discovery, interview witnesses, and prepare exhibits. Jury trials typically require more thorough preparation than bench trials.
   
   
3. Voir Dire – At trial, attorneys question potential jurors to seat an impartial panel. Selecting jurors who understand family dynamics and property issues is crucial.
   
   
4. Presentation of Evidence – Each side presents opening statements, testimony, documents, and closing arguments. Lawyers must simplify complex issues for jurors who may not be familiar with family law.
   
   
5. Jury Charge and Deliberation – The judge reads the questions the jury must answer. Jurors deliberate and return a verdict. Ten of twelve jurors must agree for a verdict to be valid.
   
   

Pros and Cons of Jury Trials

A jury trial offers unique advantages but also has drawbacks:

Advantages:

• Community Perspective – A panel of peers may be more empathetic than a single judge, particularly regarding parental roles and property contributions.
  
  
• Fresh Look at Temporary Orders – Judges may be reluctant to disturb temporary custody or property arrangements. A jury is not bound by those orders and can set a new course.
  
  
• Geographic Restrictions – Juries may be more open to lifting or imposing geographic restrictions based on evidence and testimony.
  
  
• Perceived Fairness – Many clients feel more comfortable knowing that multiple people heard their story.
  
  

Drawbacks:

• Cost and Time – Jury trials are more expensive and take longer to prepare than bench trials.
  
  
• Public Proceedings – Jurors and the public hear personal details that might otherwise remain private.
  
  
• Unpredictability – Jurors may be swayed by emotions or misunderstand complex legal principles.
  
  
• Limited Scope – Some decisions remain with the judge, limiting the jury’s overall impact.
  
  

How Our Firm Advocates for Clients in Jury Trials

Our Austin firm has extensive experience presenting family law cases to juries and understands that success depends on more than knowing the law. Jury trials require the ability to tell a clear, credible story that resonates with everyday Texans while still meeting strict legal standards. We focus on translating complex family law issues into straightforward narratives that jurors can understand, evaluate, and apply to the questions they are asked to answer.

From the earliest stages of a case, we help clients determine whether a jury trial is strategically sound. This includes a careful assessment of the facts, the legal issues involved, and the practical realities of presenting the case to a jury. If a jury trial is appropriate, we ensure that all procedural requirements are met on time so the right to a jury is preserved. Our preparation is thorough and deliberate, involving detailed discovery, coordination with experts when needed, and careful witness preparation so evidence is presented clearly and consistently.

During trial, we focus on effective juror selection and persuasive presentation. We approach voir dire with the goal of identifying jurors who will listen fairly and engage thoughtfully with the issues. Throughout the trial, we explain legal concepts in plain language, use demonstrative exhibits to clarify complex facts, and present testimony in a way that feels authentic and grounded. After the jury renders its findings, we continue advocating on our clients’ behalf by arguing for court rulings that align with both the jury’s answers and the client’s long term objectives.

Taking the Next Step

If you are facing a divorce or custody case and wonder whether a jury could help, consult with our experienced attorneys. We serve clients in Austin and throughout Central Texas, and we can evaluate your situation, explain your options, and craft a plan that protects your interests. Contact Hennan Culp, PLLC today to discuss how a jury trial may influence your family law case.

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