The proposed bill, if enacted, would amend current statutes by allowing either party in a dissolution of marriage or legal decision-making proceeding to demand a jury trial. This demand must be made in writing, and the court is required to schedule the trial at least thirty days after the request is filed. The jury would be empowered to determine various factual issues, including the classification and value of property, the best interest of the child, and findings related to spousal maintenance and allegations of domestic violence or child abuse.
Additionally, the bill mandates that the jury's verdict is binding on the court, which must incorporate the jury's findings into its final orders. It also allows parties to request attorney fees and costs to ensure adequate legal representation for those with insufficient resources. The Supreme Court is authorized to adopt rules for family court jury trial proceedings, which must include a mandatory pre-trial conference for evidence exchange. Overall, the bill significantly expands the rights of parties in domestic relations proceedings by introducing the option for jury trials and establishing clear guidelines for their implementation.
Statutes affected: Introduced Version: 25-1502
House Engrossed Version: 25-1502