Monday, November 12, 2007

Jury Trial in Divorce and Custody Cases?

I thought this site may be of some interest to some of you out there so here it is..

Case Law Development: Jury Trial in Divorce Actions

In most states, there is no right to a jury trial in dissolution actions.

Only eleven states allow juries in any aspect of divorce litigation (Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tennessee, Texas and Wisconsin). Most of these limit the right to a jury to try issues regarding grounds or entitlement for divorce only.

Texas provides jury trial rights most broadly, including even the right to a jury trial on questions regarding child custody. (For citations, see the annotation on the subject at 56 A.L.R.4th 955).

Accordingly, cases discussing evidentiary issues in divorce actions are a rarity.

A recent Georgia Supreme Court decision demonstrates that, few evidentiary errors will be likely to be sufficiently egregious to rise above the harmless error standard. Husband had alleged numerous evidentiary errors in the divorce action, including, for example, allowing cross examination regarding husband's opinion as to fair alimony and property division, admitting an improperly authenticated document, and allowing witnwitness testimony impeaching the testimony of the husband's lover before the lover testified. As to each, the supreme court found the error harmless. The court also rejected husband's appeal of the denial of a mistrial based on improper closing arguments due to a failure to object during that argument.
Moxley v. Moxley, 2006 Ga. LEXIS 987 (November 28, 2006)

1 comment:

Act of Courage said...

Loking to pass a jury trial for custody issues here in Fl can you help?

Time to reform the broken 12th Circuit Family Court
The Ultimate Death sentence to a parent is NO CONTACT
In a recent court decision by the Honorable Jannett Dunnigan of the 12th Circuit Family Court, a loving parent who had a loving and meaningful relationship with his 10 year old daughter was given a court order of NO CONTACT.
The reason for such a punishment, there is none other than the collective manipulation of the Family Courts by high conflict attorney Angela Togaygo, Magistrate Susan Maulucci, PC Jane Green and others involved in the destruction of a once meaningful relationship with my daughter.
Court delays, continuances, canceled court dates and lack of due process in the Family Court.
Every Child needs 2 Parents, it is our God given right endowed by our Creator, not manipulated by our current court system.
Public Record case number 2002DR3254 10 years, 4500 pages 735 docket entries just to get more than 4 days a month with my daughter. I HAVE NOT SEE MY DAUGHTER IN 2 YEARS
What civilized society would keep a parent from their only child. Every little girl needs her Dad
Family Court is broken beyoun repair. It's time to dismantle the current draconian system. I will be marching and protesting in Washington DC April 20 with thousands of other fathers
Where's the "FAMILY" in the 12th Circuit, because I don't see it.
Glen Gibellina