CAn a jury be requested for Alimony trial, in trying to prove adultery on dependent spouse?
Was told that unless it was requested right after the original complaint was filed (3 yrs ago), then it’s too late to request a jury trial. The Alimony papers were just served this week!!
Yes, either spouse may request a jury trial on the issue of marital misconduct in the context of postseparation support and alimony. I’m not sure how the original complaint was filed 3 years ago, but you are just learning that there is a claim for alimony. You should consult with an attorney in your area and review your paperwork with them so that you are sure you are getting the best advice on how to proceed.
Let me clarify…
In the original divorce complaint almost 3 yrs ago, my STBX filed for divorce, custody, alimony all in her ORIGINAL complaint. Alimony has not been mentioned till a week ago when papers were served specifically for that. I was told UNLESS a jury trial was asked for at the time of the ‘original’ complaint OR prior to the PSS trial (over a year ago), then a jury trial cannot be asked for now.
I think it’s just a way of discouragement (excuse) of disallowing a jury trial.
Yes, you should included a jury demand in your answer to the complaint or within ten days of filing it.