Bad judge? Here’s what you can do

By |2022-04-07T18:16:30+00:0013 Nov 2017|Categories: News|

BAD JUDGE? HERE’S WHAT YOU CAN DO

When you go to court for your divorce, one factor that you’re not in control of is the judge who will preside. While your attorney could ask to have a different judge if there’s a reason to do so, you may find that you’re stuck with whom you have.

In some situations, it may seem like the judge just doesn’t like you, and you might be right. Judges have biases, just like anyone else, even though they’re not supposed to act on them.

What is a judge’s actual role in court?

The judge’s job is to make sure everyone follows the rules in court. He or she can make decisions in a divorce case if you and your spouse can’t agree. In that situation, it’s vital that you’re on the judge’s good side.

What can you do to help yourself in court?

Most people can help themselves by coming to court on time. You should be respectful of the judge’s position and be sure not to interrupt. Come dressed appropriately for court, so the judge recognizes that you’re taking the case seriously.

In the case that your attorney realizes that the judge seems to be against you and that there are significant issues coming up with how the judge is handling the case, it’s possible to ask the judge to recuse him- or herself. This means that the judge will willingly step down from the case. Usually, this is only an option if there is a conflict of interest. However, if you can show that the judge is against you because of going through a similar situation or because he or she knows your spouse, then it’s worth asking to recuse him- or herself immediately.

While it’s uncommon to have a truly bad judge, it’s not unheard of. Speak up if you think something isn’t right in your case.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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