In divorce cases that go to court, who typically decides the issues?

In divorce cases that proceed to court, the decision-making typically falls to a judge, who acts as the presiding authority and evaluates the evidence and arguments presented by both parties. However, this process is nuanced by the fact that there are a few states that allow for limited jury trials in certain family law matters. In those situations, when those limited conditions are met, a jury may have the capacity to decide specific issues within the divorce case, though this is not the norm.

The role of a jury in divorce cases is generally less common and restricted to specific jurisdictions or circumstances. Most divorces are resolved either entirely by a judge or through alternative dispute resolution methods, such as mediation. Therefore, while it's mostly judges who decide divorce cases, acknowledging the existence of some limited jury trials presents a more accurate picture of how unique legal contexts can influence decision-making in divorce proceedings.

Mediators, on the other hand, facilitate discussions between parties but do not make binding decisions; their role is to help achieve a mutual agreement, unlike a judge, who has the final authority in court settings. This further emphasizes why the dominant answer points to the judge's role while also recognizing the exceptions that exist.