• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Jury trial is next

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kdowd771

Member
What is the name of your state? Texas

To give an update, I have been going through a divorce here in Texas for 1 1/2 yrs. My STBX filed for a jury trial. We have no kids, no longer have any assests ( I filed chpt 13 and have declined to reafirm the debt on the 2 properties)
The jury trial is HOPEFULLY going to be in Sep. Consistantly throughout this process she has demanded the same thing. I sign over the 2 houses ( unable to since filing chpt 13) give her the 2 cars (both paid for and I retained interest in on the chpt 13 paperwork) and pay her $15,000 cash. We have been married 8 yrs, (2 seperated) and I am in the military. She wants the money instead of a % of my military retirement. I am eligible to retire in 7 yrs, but due to my rank I can stay in almost 17 more years.
I have no money and only have the interest in the 2 cars.

What can I expect in a jury trial?

How does it work?

I have no witnessess to call but she has listed 47 people she wants to call. All of them from out of state!!!! She is also claiming cruelty, but has failed to produce and documentation or anything to support it for that matter. Actually she has produced nothing that has been requested by my lawyer in regards to this case.

Its been plain and obvious to everyone involved that the jury request was a delay tactic trying to drag the process out. Even though in Texas its a no fault divorce state and you have the right to a jury trial would a judge apply common sense here and see this for what its worth?

If a witness is supenoed and they miss work or incur expenses to attend a jury trial does that person get reimbursed?

I also have been in a relationship with another woman since the seperation 2 yrs ago and the divorce started 1 1/2 yrs ago.

Will I be a dead duck because of that? even though its been so long?
Any help would be great.
 


B

Boxcarbill

Guest
She is delusional if she or her attorney believes that there is even the most remote of possibilities that she will be allowed to call 47 witnesses.

A subpoena may not require a to appear a county that is more than 150 miles from where the person resides or is served. So if these out of state witnesses live more than 150 miles away, she will have to rely upon their voluntary appearance.

I don't think this case will ever see the light of a trial but it will settle at the 99th hour--probably just before voir dire. She doesn't understand how very much people hate jury duty and when they are summoned on a chicken sh*t matter like this, they have a way of making their dissatisfaction known.
 

kdowd771

Member
Delusional, stubborn or stupid either one is dragging this fiasco out as long as possible.

Would a REASONABLE judge take all the wasted court time over something that is ridiculous into consideration?
 
B

Boxcarbill

Guest
kdowd771 said:
Delusional, stubborn or stupid either one is dragging this fiasco out as long as possible.

Would a REASONABLE judge take all the wasted court time over something that is ridiculous into consideration?

This isn't a bench trial; it's a jury trial. Therefore the judge will not be taking the case under "consideration." It is the jury who will deliberate on the case, if the case goes to trial. And, no, the judge cannot deny a divorce litigant the right to a jury trial who has timely requested one and paid the jury fee.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top