Talk About Marriage - View Single Post - Judge reclusal for those Divorcing
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Old 12-26-2011, 11:48 AM   #2 (permalink)
FrankKissel
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Join Date: Nov 2011
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Quote:
Originally Posted by Blindasabat View Post
searching on internet found that say you are a man divorcing a cheating spouse going for custody and you get a get a judge known
to favor mothers you can have your attorney request the judge recluse him/herself. nice!
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It's largely dependent on where you live. Some states have a right of substitution without cause. Some don't. Some do only in criminal matters.

As far as substitution with cause, you can ask for anything you want, but chances are you aren't going to get it. A judge can only be recused if he/she has a personal interest in the case (i.e. knows one of the parties), shown to have actual prejudice against one of the parties or a stated a position on a case or case of that nature outside of court. Thinking a judge is pro-woman in divorce proceedings won't cut it.
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