Jury Trial
Quick summation. Wife went to Iraq for a year IT contract to help us financially. I stayed home and took care of our daughter. She met a guy, fell in love, wants a divorce. At the end of her year contract, she went with him and spent a week before coming home. She moved out, filed for divorce. I was awarded primary custodial parent in the temporary orders, she doesn't like that decision and is pushing for a jury trial. Can she legally pursue a jury trial and am I going to be equally liable to pay the fees, if or when she loses that decision? State is Texas.
Answer
Yes, she has an absolute right to a jury trial. The jury fee is $30, I think, and she has to pay that to get the jury trial. You will not have to pay the jury fee.
Frankly, a jury trial is her only way to get the conservatorship decision reversed. Unless you have some equally bad facts on your side of the balance sheet, I would expect the jury to do about the same thing the trial judge did.
In divorce cases, there is no "win/lose" in a legal sense, so you won't be able to recover any legal fees from her.
I'm sorry your family is going through this. Good luck!!
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