Is there a right to a jury trial in divorce in Florida?
All divorce cases in Florida or family law trials for that matter are not heard by a jury but are heard by a judge, unless paternity or personal injury is involved, those issues can be tried by a jury. Judges do not want excessive emotion brought into their courtrooms. The demeanor of a client in court, whether testifying or not, will be observed by the judge. Many divorce cases are heard in a judge’s chambers or office, except for trials and hearings involving numerous witnesses. The judge will schedule the trial date, often 60-90 days after the Pretrial Conference.
A trial can be your best friend because the decisions made by the Judge are not arbitrary. He/she makes his/her decisions based on the facts presented, the supporting documents provided, and case law that is already on the books, i.e. cases that have already happened over the years on which judges have ruled. At the completion of the trial, the judge will issue an order on all of the issues of the case.
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