Wednesday, December 13, 2006
In the December 6 post on the use of juries in divorce actions, I cited the ALR on the states that allow a jury trial right in any part. Since then, the corrections have been rolling in.
A Colorado attorney, Andrew Oh-Willeke, graciously pointed out that the ALR is not up to date on Colorado law on this issue, as the Colorado Dissolution of Marriage Act provides that "All issues raised by these proceedings shall be resolved by the court sitting without a jury." Section 14-10-107(6), Colorado Revised Statutes. He also notes recent case law applying that statute to conclude that "All issues raised or presented in a dissolution proceeding are to be resolved by the court in equity sitting without a jury." In re Marriage of Lewis, 66 P.3d 204, 205 (Colo. App. 2003)(opinion on the web). Attorney Oh-Willeke comments on this case and its impact on joinder of tort or contract claims with divorce actions in his blog posting.
Illinois as well is listing in the ALR as allowing jury trials, but a reader has advised me that Illinois has not had jury trials in dissolution proceedings since at least 1977, citing 750 ILCS 5/103.
Thanks for the updates!