What family law issues can a JURY decide in Texas?

After hearing all the evidence, a JURY can give a binding verdict on the following issues in a family law case:

• the appointment of a sole managing conservator and a possessory conservator.
• the appointment of joint managing conservators.
• the determination of which joint managing conservator has the exclusive right to designate the child’s primary residence. [*It is important to note that the exclusive right to designate the child’s primary residence does not necessarily determine the conservator who will have other exclusive parental rights or more possession time.]
• the determination of whether to impose a restriction on the geographic area in which a joint managing conservator may designate the child’s primary residence and if so, where that geographic restriction will be.
• the determination of grounds for divorce (whether one spouse is at fault in a divorce).
• the determination of whether a couple is common law married.
• the determination of character of property (i.e., separate, community, mixed, reimbursement claim owed to one estate).
• the determination of value of property.

A JURY can give an advisory opinion on the following issues:

• division of property (in a divorce case).
• the unconscionability of premarital agreements.
• attorney’s fees and costs of court.

Which family law issues can NOT be decided by a JURY?  

• the determination of any parental rights or duties of a conservator (except that a JURY can determine which joint managing conservator has the exclusive right to designate the child’s primary residence and whether to impose a geographic restriction).
• a specific term or condition of possession of or access to a child (i.e., the visitation schedule).
• child support.
• division of community property.
• spousal maintenance.
• enforcing the provisions of a prior order.