Jury Trial For Divorce In Contra Costa
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FAQ
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.
Physical and mental disabilities, family issues and personal opinions are some of the reasons people are excused from jury duty.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
You must inform the court that you are not able to serve. Requests to be excused must be in writing and submitted to the Office of the Jury Commissioner prior to the prospective juror's service date.
Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you.
You must inform the court that you are not able to serve. Requests to be excused must be in writing and submitted to the Office of the Jury Commissioner prior to the prospective juror's service date.
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.
If you and your spouse file in different California counties, it will matter not who filed first but who gets the other spouse served first. That determines which county's Superior Court will handle the case. But once the court is determined, the two parties have the same procedural rights.