[scottinalaska]

My friend, Mike, received a "memorandum to set civil case for trial" from the plaintiff, his wife, via her State appointed attorney. The nature of case is Divorce. And it appears that they are giving him 10 days to agree that a jury trial will not be needed, or serve and file an "opposition of counter memorandum."
In her quest to show cause as to why she wants a divorce and the two kids, she has spoken of a time when he was violent towards her before they were married 6 years ago. He hit and dented a refrigerator right after she told him that she had been sleeping with a buddy of his. This incident occurred before they were married and the circumstance surrounding this reaction was never brought up by his now fired previously hired attorney last summer at the initial hearing to get a restraining order in place.
This ONE incident has been paraded around as "domestic abuse" and supposedly just cause for her leaving him. As a side note, she has since moved in with a few guys for weeks at a time with the 2 and 3 year old kids. Mike, on the other hand, a Christian of a couple years, has continued working and is obviously distraught at the coming judgement of divorce that just might include a domestic violence issue on top of losing the kids to this wife.
Here is the question. Is a divorce case something that can have a jury trial? The divorce is inevitable. It is where the kids go that is hanging in the balance. A reasonable person who is not biased with hearsay, would give the mother visiting rights, but nothing more because of her continued endangerment. Numerous witnesses can testify to that with no end in sight! She has really no witnesses that are competent, has done NONE of the required paperwork even after being asked numerous times, and is simply signing paperwork the grant-paid, "Family Advocate" tells her to.
Should he resend a memorandum demanding a jury trial or am I on the wrong tree here?
thanks,
scottinalaska