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Divorcing Illinois spouses may soon have the option of settling their divorce in a trial by jury if newly proposed legislation becomes law.
Divorce is the only legal proceeding where people do not have that choice, said the woman who proposed the bill, Monique Davis.
“I don't think too many people would request this, but it gives them the option,” she said.
Why?
Most judges are fair and honest, but human nature being what it is, said Davis, outside factors may influence their decisions, Davis said.
“With a jury, you've got other people listening to your story,” said Davis. “We just want fairness for all parties concerned.
At least one state, Texas, already allows jury trials in divorce cases.
A Fort Worth family law attorney, Jim Loveless, agreed that sometimes, a jury may allow a trial to be fairer. For examples, some judges may have certain beliefs that may factor into his or her decision. A judge may firmly believe that the mother should always get the kid except under exceptional circumstances, for example.
“When you know a judge will or won't do a certain thing no matter what, you may make the decision to take some of the power away from that judge,” said Loveless.
“When you're dealing with a jury panel, you're able to ask each juror if they have biases or prejudices,” he said.
Though only 75 out of 6,862 divorcing Texas couples opted for the jury divorce, “I think our constitution and the constitution of this state gave folks the opportunity to have a group of their peers make … those decisions impartially,” said Loveless.
Dissent
Some disagree. Steven Nardulli, Associate Sangamon County Judge, said child custody cases should not be decided by juries. “(The case) would be tried in front of people who, while they had very good motives, are simply not equipped to deal with the kinds of child-related issues that come before a judge.” It would also make the process more expensive and drawn-out, he argued.
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