Texas is one of the few states that allows a jury in a divorce case. Family Code § 6.703 gives either spouse the right to demand one. But a jury does not divide your property — understanding exactly what it does and does not decide is essential before you ask for it.
What a Jury Decides
A jury in a Texas divorce resolves disputed fact questions. In a property case, that typically means:
- the grounds for divorce, where fault is contested;
- whether a particular asset is separate or community property;
- the value of disputed assets;
- the existence of an informal marriage and its date of inception;
- whether a premarital or marital property agreement is enforceable.
What Stays With the Judge
The division itself. Once the jury determines what is community property and what it is worth, the judge alone decides how that estate is divided in a manner that is just and right under § 7.001. A jury also does not set spousal maintenance or decide who gets which specific asset. Section 6.703 also does not extend the right to a jury in a suit to annul an underage marriage.
Preserving the Right
The right is easy to lose. A written jury demand must be filed and the jury fee paid within the deadline set by the Texas Rules of Civil Procedure — a reasonable time before trial, and in no event less than 30 days before the case is set. Waiting until the eve of trial forfeits it.
When a Jury Makes Sense
Juries are rare in divorce, and for good reason: they are expensive and slow, and most property questions are accounting questions. A jury is worth considering when the case turns on a human question a jury can grasp — whether a common-law marriage existed, whether a spouse signed a prenup under duress, whether a separate property claim is credible — or where the equities strongly favor your client and you want more than one decision-maker.
Other Trial Provisions
Chapter 6, Subchapter H also addresses spousal testimony at § 6.704 — spouses are competent witnesses for and against each other, though neither may be compelled to testify to a matter that would incriminate them — and at § 6.705 it makes a court-appointed marriage counselor’s report inadmissible, the counselor incompetent to testify, and the counselor’s files privileged. Together with the findings requirement in § 6.711, these rules shape what a final trial actually looks like.
Frequently Asked Questions
Can I have a jury trial in a Texas divorce?
Yes. Section 6.703 gives either party the right to demand a jury, though a written demand and jury fee must be timely filed.
Does the jury decide how our property is split?
No. The jury decides characterization and value. The judge decides how the estate is actually divided.
Are jury trials common in divorce cases?
No. They are rare and expensive, and most property questions are resolved by the judge or in mediation.
Texas Statutes Referenced
- § 6.703 — Jury
- § 6.704 — Testimony of Husband or Wife
- § 6.705 — Testimony by Marriage Counselor
- § 6.711 — Findings of Fact and Conclusions of Law
- § 7.001 — General Rule of Property Division
Related Pages
- Texas Divorce (main page)
- Discovery and the Inventory
- Just and Right Division
- Appeals and Motions for New Trial
Talk With a Texas Divorce Attorney
Considering a jury? It is a strategic decision with a hard deadline. Call 713-955-6182 or contact The De Leon Law Firm.