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petitioner requesting a different judge in divorce

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kurtmarti

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missouri...what are valid reasons that a petitioner can request a different judge in a divorce case... the assigned judge doesn't know either party... he did handle an ex parte order of protection hearing for the couple... is that a valid reason?
 


I AM ALWAYS LIABLE

Senior Member
kurtmarti said:
missouri...what are valid reasons that a petitioner can request a different judge in a divorce case... the assigned judge doesn't know either party... he did handle an ex parte order of protection hearing for the couple... is that a valid reason?
My response:

Without further information, I would have to guess that the Order of Protection hearing is not enough to "recuse" the judge.

You see, once a judge has been assigned to a case by the Presiding Judge of the court, there is only a very short window of time to have a judge recused for cause; usually a ten day period from the date the parties have been notified of the assigned judge. Once that time has expired, it is virtually impossible to have a new judge assigned to a particular case.

Talk to your attorney about specific time brackets and specific reasons for recusal of the judge.

IAAL
 

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