Photo courtesy of terryandrobertslaw.com

MIAMI – Two bills filed by Democratic lawmakers in the Florida Legislature would allow divorce proceedings to be decided by a jury trial.

If the bill, sponsored by state Senator Lori Berman (D-Boca Raton) and state Rep. Fentrice Driskell (D-Hillsborough County) becomes law, both parties of a divorce can request a trial instead of a judge resolving the proceedings.

Driskell said HB 1589 is designed to support individuals dealing with such difficult situations and will help protect Floridians and our state’s most vulnerable children during divorce proceedings.

“To ensure that records of testimony are readily available in related legal proceedings, the bill requires transcripts and audio records of all divorce proceedings that include allegations of abuse or neglect, and requires that judges issue written findings,” she said in a statement. “In some communities, an individual accused of abuse or neglect may have direct ties to the legal system, which may bias the results of a case. By allowing divorce litigants to request a jury trial, we return a measure of impartiality to the process.”

Berman said SB 1484 wants to make sure divorce proceedings with allegations of child or elderly abuse are transparent and on the record.

However, family law attorneys said divorce proceedings should still be resolved by a judge and not a jury which may not be knowledgeable of dissolution of marriage laws.