Legal Question in Family Law in Texas

Divorce by jury trial

My daughter was sued for divorce by her husband, who lives in New Braunfels, Texas.

He had her ordered back to Texas from Ohio for a custody hearing. She was ordered to stay in Texas and her husband was ordered to pay alimony and child support. Her husband did not pay the child support in a timely matter, he is still several thousand dollars in arrears. There was another hearing and the judge gave my daughter permission to leave Texas and return to her home town in Ohio. The divorce still hasn't been granted and her husband is demanding a jury trial. My question is who pays for the jury trial? Who is responsible for the expenses of traveling to Texas from Ohio for such a trial? Her husband has been ordered to have a psychiatric evaluation by the judge in New Braunfels and he still has not complied with the order.

Thank you very much

Sincerely Gloria Webb


Asked on 3/10/02, 2:53 pm

2 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Divorce by jury trial

He will pay for the jury trial unless he is indigent, then the county will pay the approx. $30.00.

She can ask for spousal assistance for all debt incurred during the divorce. You will need a lawyer on this one. Call us if we can help.

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Answered on 3/10/02, 3:43 pm
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Divorce by jury trial

The Jury Trial is paid for by each party that is involved ... There is a Jury Fee that must be paid but that is very small ... the big expense is the Attorney's Fees and Expert Witness Fees ... Costs of Depostions, Investigation and so forth ... I am in San Antonio, Texas which is very close to New Braunsfels and would be will to talk directly about this situation ... As to your question about travel expenses, each generally pay their own unless there is an unusual situation where one or the other parties has a lot of money and then you could go in and get interim fees (assuming that he is rich and you are of limited means) ... His failure to have the psychological done is something that your daughter's attorney needs to address ... Call me if I can help, at 210.224.5811 or on the mobile at 210.710.6527. Best Regards ...

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Answered on 3/10/02, 4:17 pm


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