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Substitution of Divorce Judge

My blogs have always emphasized the advantage of settling your Divorce case rather than proceeding to trial. But it takes time to settle Divorce cases and when you first file, you will be assigned a Divorce Judge.

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Choose an attorney who knows the Divorce Judges in your County. He or she can move for a different Judge as soon as the case is assigned. The attorney makes a Motion for Substitution of Judge. You will get a different Judge as long as that Judge has not made a ruling or decision in your case. 

That ruling has to be more than on something trivial like a continuance or allowing you to serve your spouse with a special process server. If, for example, the Judge has already awarded child support, you are out of luck.

You don’t get a choice on the new Judge. It is entirely random and you will never get a chance to get a new one. That is why your attorney has to know what other Judges might be available and whether they might be even worse for you. 

Moving for a new Judge is an important decision so be sure to discuss it in detail with your attorney if he or she suggests it.

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