Can You Seek A Divorce By Jury

Deciding to get a divorce is a tough decision, and getting both partners to agree to terms and to act civilly about the division of assets can be tricky. Fortunately, California has a no fault policy when it comes to divorce, meaning that a couple can get divorced for any reason; not needing to prove that one or the other was in the wrong makes the entire process easier to get the process moving, especially if one spouse is not cooperating.

There are many options you can pursue, from legal separation to an annulment. There are also many avenues for obtaining a divorce. In the states of Texas and Georgia, it is possible for spouses to have their case heard in front of a jury. This is beneficial in certain circumstances—especially if the spouses cannot decide on how to split everything. It also ultimately costs more than if the case were to simply be presented in front of a judge. However, it is not available to the same extent in the state of California. In California, you must work things out separately or present your case to a judge for determination.

While a right to divorce by jury is not commonly or easily practiced in California, there are certain circumstances under which they could take place. For example, if you file a Contempt of Court to show that your spouse has not been cooperating throughout the process. These only take place when one spouse has charges against them already; the other charges that are being brought against them act as a lightning rod and help propel the divorce issue through the court.

If you have questions about the divorce process or want to find out more about alternatives, contact our offices today. At the Law Offices of Anne Dowden Saxton, we work hard to make sure that you are not only getting what you want out of the divorce, but also that the divorce process is as easily as it can be. Our attorneys are experienced in family law and can help you make decisions about what path you wish to take with your divorce.

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