When two individuals have substantial assets and are resolved to file a Divorce, it is important to understand what a jury can and cannot determine regarding the assets or fault in the marriage. The strategy to request a jury trial or trial before a Judge can be complicated and vary greatly depending on the circumstances of the case. 

1. What can a Jury determine regarding marital property and fault between the parties. 

• • A jury trial may be requested by either party when a divorce is filed. Tex. Fam. Code §6.703
  • If requested, a jury alone decides whether contested assets/marital property will be characterized as either (1) community or (2) separate. In re Marriage of Moore, 890 S.W.2d 821, 834 n.7; 838 (Tex. App.–Amarillo 1994, no writ); Archambault v. Archambault, 763 S.W.2d 50, 51 (Tex. App.–Beaumont 1988, no writ).
  • A jury may decide the issue of fault in the marriage i.e. (adultery, cruelty, etc.)
  • A jury may decide disputed issues regarding spousal maintenance such as: (1) eligibility for spousal maintenance, (2) dollar amount needed to provide spouse with minimum reasonable needs, and (3) the amount of time reasonably necessary for a spouse to become self-supporting. 
  • A jury may decide reasonable and necessary attorney’s fees for either side.
  • A jury fee must be paid for following a request made by the court’s local rules. 

2. What can a Court determine regarding marital property and fault between parties?

• • A Court/Judge determines the just and right division of the martial estate when distributing or dividing the martial property. 
  • The Court/Judge take the Jury’s findings of fault and characterization of assets (separate or community) then determines what a just and right division of the property is proper in each specific case. 

3. Things to consider regarding presenting evidence to Judge and Jury. 

• • Expert witnesses likely will be discussing whether property is separate or community (forensic accountants, business evaluators, title searches, appraisers, etc.). 
  • The jury determination of 10 out of 12 jurors is needed to determine: (1) the character of the property (separate or community), (2) find fault in the marriage, (3) award reasonable and necessary attorneys fees to either side. 
  • Costs and expenses for a jury trial are substantially more than a trial before a judge.  
  • A jury may make advisory opinions as well, that are not required to be followed by a judge, such as fraud on the community estate, distribution percentages of community property, and others.

There are many reasons during a high asset divorce a party may request a jury. Perhaps the Judge is unfavorable to an individual; perhaps the facts supporting separate property are not will be more favorable to a group of peers than a judge; perhaps adultery is a serious issue and may lead to a higher award of attorney’s fees and spousal support in the hands of a jury. It should be noted that if a jury is to determine a plethora of issues to make an educated determination to whether property is separate or community property then there will require many experts and simplification of the issues should be paramount. 

Dallas High Asset Divorce Attorneys
Nacol Law Firm P.C.
(972) 690-3333