For six weeks the jurors in the Johnny Depp and Amber Heard defamation trial had the best seats in the house to a drama that fascinated and, at times, repelled the entire world. And after having all the lurid details of the case put before them, the world waited with bated breath for the jury to finish their deliberations and deliver a verdict.
If you were also hooked on the case, you might wonder what your chances are of ever being a litigant in a jury trial. In fact, in the state of Texas, there are certain issues in family cases that can be tried to a jury although that is not the same in every state, so you need to check with your jurisdiction. In Texas, if you’re getting a divorce or are involved in a custody dispute, one of the issues that can be tried to a jury is which parent should have the exclusive right to designate the primary residence. We often shortcut that by calling it the primary parent.
The other issue a jury gets to decide in a divorce case is the characterization of property. Is your property community property and therefore subject to division, or is it separate property? Now, sometimes people think that the possession schedule and child support, and overall division of property would be questions for the jury, but it’s not. Those are questions that the judge will decide.
