Divorce Dex.com: Recusal

Definition Recusal - the disqualification of a judge because of bias or prejudice.

Application in Divorce In a divorce action, a judge who is a family friend must recuse himself or herself. No judge would want to sit on the divorce trial of a sibling or a parent. Like a lawyer in a conflict of interest, a judge may recuse himself if he is a friend of both spouses in a divorce action. In these cases, a judge may recluse himself as a matter of the discretion.

If one of the parties feels a judge cannot give a fair hearing because of self- interest, bias or prejudice, he or she may file a motion for recusal. Such a move should be taken with care. A judge is only human and they may well resent the implication that he or she cannot be fair when hearing a case.

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