The right to a speedy trial by an impartial jury of your peers is guaranteed by the Constitution via the 6th Amendment, but only in Criminal matters.  Divorce and custody are considered civil matters and you will NOT have a Jury.

It’s a common question of what will the jury think of me.  They won’t.  All divorce, child custody and most every matter in Chancery Courts are “bench trials.”  That means the Judge is the trier of fact and determines the witness’s credibility and applies the law to the facts to determine the outcome.  A bench trial is a Judge trial.

As an aside, there is one instance of a jury trial in Chancery Court.  In a Will contest, if requested, the parties may have a jury trial.  A lot of the Chancery Courtrooms don’t even have a jury box, as a jury trial in Chancery Court is exceedingly rare.

Matthew Thompson is a family law attorney in Mississippi.  You will not be entitled to a jury of your peers in a divorce case.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.