Question:
Is there any way to change the location and judge during a divorce case? I feel the judge in my case is biased against me.
Answer:
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Pennsylvania, the location (or venue) of a divorce case can be challenged as improper by the filing of Preliminary Objections to the Divorce Complaint. A typical challenge to venue occurs when it is alleged that the county where the action was originally filed is not where either party resides. Pennsylvania divorce laws do not specifically allow for a change of venue due to allegations of an impartial judge or trier of fact.
Additionally, if you believe a judge is not following his or her duty to be impartial, then you can, upon the proper filing, ask the judge to recuse (or withdrawal) him or herself from the divorce case.
Yet, please note: asking a judge to recuse him or herself is a very serious request to make and should be made as a last resort when there is clear and considerable evidence of bias or impartiality. It is not something that should be perused as a typical course of action. As an example: if a judge, after looking at all the facts in your case, made a decision that you just simply disagree with, then more often than not, you do not have a proper reason to seek a change of the judge.
Due to the extremely sensitive and fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how your state’s laws can help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.
