One of the most important decisions your Austin divorce attorney will help you make is whether to request a jury trial. If you choose to have a jury trial, your case will be heard by a jury which will render a verdict in favor of either you or your spouse. If you choose to have a judge trial, also known as a bench trial, the judge will hear all the evidence and make the final decision.
There are a variety of considerations that go into deciding whether to request a jury trial or to proceed with a judge trial. Your Austin divorce attorney will discuss the following with you to help you decide whether a judge or jury trial is best:
• Any pre-disposed attitudes the judge may have regarding the issues in your case;
• Attitudes in the community regarding the issues in your case;
• The track record of your attorney in jury trials;
• Whether your case involves complicated financial issues which the average juror may not understand or may not relate to;
• The possibility that your children may be required to testify;
• The length of time it may take to get on the court's jury trial calendar; and
• The additional cost you will incur for a jury trial.
One thing to keep in mind is that judges are considered to be much less emotional than juries. If your case involves issues such as spousal abuse, child abuse, infidelity, or cruel treatment, for instance, it might be best for a judge, rather than a jury, to hear the case.
Most Austin divorce lawyers advise their clients that judge trials are best. Why would you want to have a group of strangers who have their own emotional baggage decide your case? Nevertheless, you have a legal right to request a jury trial and the decision whether to do so is ultimately yours.
If you have questions about divorce jury trials or would like to schedule a consultation, contact the Austin divorce attorneys at the Law Office of Willie & Dasher.
