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Can I request a jury trial for my divorce case?

Houston, TX |

I want an annulment because my husband is mentally sick. I have some proof of it. I was unaware of this fact before marriage. I feel a jury trial can do me justice. Can I request a jury trial for this divorce case where NO children are involved? How much will it cost me?

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Attorney answers 1


I urge you to talk to an experienced family law attorney. You are confused - you start off stating you want a divorce then you switch to an annulment. Those are 2 totally different legal "animals." A divorce is totally different than an annulment.

The reason for an annulment to be granted is limited in the State of Texas. I have only done one annulment in 20 years of practicing law. Quite frankly, judges do not like annulments and judges look at them very carefully to make sure that they comply with all the statutory requirements. Many times it is much easier to just do a divorce rather than an annulment.

I have no idea why you want a jury trial? I don't understand why you would want a jury trial instead of just going before a judge. In Harris County, you might not want to go before a jury - most juries are VERY conservative. Plus, your divorce will be slowed down by months. Judges schedule them way in advance.

You would need to talk to an experienced family law attorney about all the pros and cons of what you want to accomplish PLUS the additional costs. For example, going before the judge will take a few minutes to a day -- but having a jury will take several days of testimony so you are looking to spending thousands of dollars in legal fees. You will need to select a jury which takes one or two days then you proceed to the trial - a very slow process - I would estimate another 3-4 days. Most jury trials cost at least $20,000+ because they take so long to prepare for.

Plus, you will need to do discovery and depositions, etc., so your legal fees will be outrageous. You will spend the next year of your life involved in this litigation. You will also be ordered to mediation.

Additionally, getting the proof you have that your spouse is mentally sick is probably going to be difficult to get into evidence before the judge.

You really need to talk to an attorney. This free site is not an appropriate place to attempt to answer these complex questions. Please look on this website for the numerous excellent family law attorneys that are listed on it. Please do not contact me since I only mediate these days.

William Tyler Moore Jr

William Tyler Moore Jr


This is really great advice. You don't need to pay a jury fee.

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