Yes, either party in a Texas divorce case has the right to request a jury trial. According to Texas Family Code § 6.703, a jury trial can be demanded, but it must be done in writing and the jury fee must be paid on time. While a jury’s findings are binding on certain aspects of the case, such as the character or value of property, some aspects of the case, like the division of the marital estate, are decided by the judge.
It’s important to note that not all issues in a divorce can be decided by a jury. For instance, issues related to child support, specific terms of possession or access to children, and conservator rights and duties (except certain determinations about the child’s primary residence) are reserved for the judge. Failing to properly submit a jury demand can result in the loss of the right to have a jury decide those issues.
Understanding when and how to request a jury trial in your divorce case can be crucial, especially when disputes arise over key issues like property division or custody arrangements. Consulting with an experienced family law attorney can ensure that your rights are fully protected throughout the process.