Everything is bigger in Texas…even in family law!

You’ve heard the saying, “everything is bigger in Texas.” Or the similar sentiment, “Everything is better in Texas.” While historically the context of these statements was around the big hair, big belt buckles and flashy cowboy boots, it has seeped into a plethora of things about the state of Texas; including divorce proceedings. Did you know that Texas is the only state that allows juries to decide issues that arise in family law disputes?

“I Demand a Jury”

In no other state in our country are you able to demand a jury for divorce or a family law hearing. Thanks to the Texas Constitution though, you can do so in Texas. Typically, you have to have a genuine dispute regarding material facts to be granted a jury trial. There are some things to keep in mind when requesting a jury. A jury can resolve issues on the value of property in a divorce proceeding, but only the court can determine the division of the property. Another perk to the Texas law is that the jury verdicts in family law cases do not have to be unanimous. The exception to this rule would be if there are exemplary damages and then the jury verdict would need to be unanimous.

Jury Trials in Custody Cases

The right to a jury trial is applicable to issues affecting the parent-child relationship. A Texas jury has the authority to determine rulings in cases such as conservatorship. The jury can rule in if there will be joint management or sole management, along with appointing a possessory conservator if need be. Juries can also designate a child’s primary residence in a joint managing conservatorship. If you are looking towards adoption or need legal assistance with determining paternity, a jury trial is not available.

While some find a judge-only court situation easier to navigate, there are circumstances in which you might prefer a jury to better your chances to receive the verdict you are seeking.