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Can you request a new judge in divorce cases
Anonymous4 views1 answers
I have been going through a divorce for 15 months. I lost my job and can not pay the temporary alimony the judge set. I am defending myself, today he tells me he has the power to strike out all the papers that I have filed and can even strike the whole case as it was filed pro si and put me in jail for contempt, and that his orders will stand. I am not being treated fairly by this judge, my ex and I had only been together 18 months. Can and how do I request a new Judge
Yes, but you need to follow Florida Rule of Judicial Administration 2.330. You may move to disqualify the trial judge assigned to your case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. Your motion must
(1) be in writing;
(2) allege specifically the facts and reasons upon which you rely as the grounds for disqualification;
(3) be signed under oath or supported by a separate affidavit; and
(4) include the dates of all previously granted motions to disqualify filed under Rule 2.330 in the case and the dates of the orders granting those motions.
Your motion to disqualify must show:
(1) that you fear that you will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or
(2) that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.
A motion to disqualify must be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion and shall be promptly presented to the court for an immediate ruling.
You should hire a lawyer to assist you with this motion and with your case.
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Disclaimer: Provision of the foregoing response does not create an attorney-client relationship, does not constitute legal advice, and should not be relied upon because the response is based upon the limited facts provided and it is impossible to meaningfully evaluate any legal problem without a thorough review of the pertinent facts and law which applies to the matter.