Why Contest Your Divorce? - FAQ's

Are the parties entitled to a jury trial in a contested divorce?

A party is entitled to a jury trial and the jury will decide all issues in controversy, including who should have primary custody of the children.  While the jury’s verdict on this issue is advisory, it is unlikely that a judge would disregard it unless there was no or insufficient evidence to support it.  The party requesting a jury trial must file a written demand for jury with the district or county clerk and tender the jury fee which is normally twenty to thirty dollars. 

The request should be filed as soon as the party decides that a jury trial is necessary but in any event no less than thirty days before the trial date.  Demands for jury made less than thirty days before trial are subject to the Court’s discretion in granting them. 

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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