Can a Jury Decide Your Massachusetts Divorce Case?

| Jul 27, 2015 | Divorce |

Most people going through a Massachusetts divorce are not familiar with the court system and therefore don’t know what to expect procedurally in their cases. For example, many people question whether judges or juries will preside over their divorce cases. Many people have heard that they have the right to jury trial, not everyone understands that only applies to certain court cases and not all of them. 

Many years ago, juries were more commonly used in divorce cases across the country, but there are several important reasons why juries are no longer used today. First is the cost. Juries must be paid for their time, and it takes lawyers more time to prepare to argue cases before those without a deep understanding of the law, which leads to lengthier trials. Additionally, most legal experts agree that judge provide a better, more experienced and impartial way of deciding the complicated issues associated with divorce. Finally, many divorcing couples would simply rather avoid telling a group of strangers the intimate details associated with the unraveling of their marriage. 

In Massachusetts, the law is clear that there is no right to a jury trial when it comes to divorce and other family law cases. So, all cases in Probate and Family Court are decided by judges, not juries. 

Should you be in the midst of a divorce or contemplating filing for divorce, contact the Law Offices of Renee Lazar either via email or phone 978-844-4095 to schedule a free one hour no obligation consultation.

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