When it comes to filing for divorce in Nebraska, there are numerous important decisions that need to be carefully considered. Among these decisions is whether to opt for a trial by judge or by jury. In the state of Nebraska, individuals have the right to request a jury trial in a divorce case, but it’s important to note that several factors can impact the ability to exercise this right.
Nebraska Divorce Laws
Before delving into the complexities of a jury trial, it’s essential to have a basic understanding of Nebraska divorce laws. In order to file for divorce in Nebraska, it is mandatory that at least one of the parties has been a resident of the state for a minimum of one year prior to filing. Furthermore, there are two grounds for divorce in Nebraska, namely irreconcilable differences and fault-based grounds such as adultery, cruelty, or abandonment.
It’s also worth noting that Nebraska follows the equitable distribution principle, whereby marital property is divided fairly but not necessarily equally between the parties. This includes all assets, debts, and properties acquired during the course of the marriage.
Right to a Jury Trial
In the majority of divorce cases, judges are responsible for making critical decisions related to matters such as property division, child custody, child support, and alimony. Nevertheless, in the state of Nebraska, any party involved has the right to request a jury trial to deal with these issues.
The right to a jury trial is unequivocally guaranteed by the 7th Amendment to the United States Constitution. This amendment explicitly states that "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…" In a divorce case, the "value in controversy" pertains to the assets, debts, and other financial matters that are in dispute.
Factors to Consider
Prior to deciding whether or not to file a request for a jury trial, several factors ought to be taken into careful consideration. One notable factor is the cost associated with such trials. It’s important to recognize that jury trials can be more financially burdensome than trials in front of a judge, as they may involve extra court fees, jury fees, and attorney fees.
Another significant consideration is the timing of the trial. Jury trials tend to take longer to schedule and reach a resolution compared to trials in front of a judge. This can lead to increased costs and an additional emotional toll on all parties involved in the divorce case. Additionally, individuals should ensure that they have valid and compelling reasons to request a jury trial, as the court may reject the request if it deems a jury trial unnecessary or inappropriate.
Benefits of a Jury Trial
While there are certainly drawbacks to requesting a jury trial, it’s crucial to acknowledge the potential benefits as well. Perhaps the primary advantage is that a jury may exhibit more empathy and understanding towards one’s case, compared to a judge. Juries are comprised of individuals from diverse backgrounds and walks of life, whereas judges possess extensive legal knowledge and experience.
Moreover, juries may be more inclined to award larger settlements or judgments than a judge would. This can prove advantageous for individuals who are striving for a fair share of marital property, spousal support, or child support.
Conclusion
Ultimately, the decision of whether or not to request a jury trial in a Nebraska divorce case is a deeply personal one. It necessitates a careful evaluation of the pros and cons, and careful consideration of one’s specific circumstances. Seeking guidance from an experienced divorce attorney can provide valuable insights into available options and help individuals make well-informed decisions. In the event that one decides to pursue a jury trial, an attorney can play a pivotal role in preparing the case and safeguarding an individual’s rights throughout the process.