how will judge decide if ex has no lawyer

What to do if your ex has no attorney in court?

If the matter is brought to the judge's attention through a party's motion seeking disqualification, in most jurisdictions the judge will initially decide the motion him/herself; if the motion is denied, the losing party will typically be permitted to have the motion reheard by the court's Chief Judge.

Will my ex be able to speak in court?

Houston Office. 281-810-9760. 3707 Cypress Creek Parkway, Suite 400. Houston, TX 77068. Map & Directions. Humble Office. 281-868-6355. 7702 FM 1960 Rd E,

Can you be reasonable without a lawyer in a divorce?

Mar 11, 2019 · Recusal, also referred to as judicial disqualification, is the process of a judge stepping down from presiding over a particular case in which the judge may have a conflict of interest. Title 28 of the United States Code (the “Judicial Code”) provides standards for judicial disqualification or recusal. The official rule states that “[a]ny justice, judge, or magistrate judge …

Why did my attorney tell me not to show up to court?

Well guess what. If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court. One of the best indicators that you are telling the truth to your lawyer, is to do what you say you will as to money. If you have stiffed …

What are the 12 best interest factors child custody?

Child Custody and The 12 Best Interest FactorsPermanence of the family home. ... Moral fitness of the parties. ... Parents health. ... Successful schooling. ... Preference of the child. ... Parent facilitates and encourages a close and continuing parent-child relationship with other parent. ... Domestic violence. ... Court determined relevant factor.More items...•Nov 22, 2013

At what age can a child decide which parent to live with in South Africa 2020?

Answer: There is no set age in South African Law where a child under 18 can make a decision.Aug 25, 2015

How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•Mar 16, 2021

What is the most common child custody arrangement?

sole custodyThe most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.Nov 16, 2020

Do mothers have more rights than fathers in South Africa?

The law does not have a preference over whether or not a father should have custody or whether or not a mother should have custody over a minor child. What the law is concerned with, is what is best for the minor child. Many fathers can better care for a minor child than the mother.

Can a mother keep the child away from the father in South Africa?

Yes, an unmarried father has a duty to maintain his child and the child has a right to be maintained by his/her father. The duty to maintain his child is the only parental responsibility that automatically clings to the unmarried father, regardless of the circumstances.

How do you expose a narcissist in court?

Getting a narcissist to reveal themselves in court may be as easy as allowing them to talk about what a great parent they are to their children. Let them talk about how they spend time with the children doing homework, taking them to practice, and riding bicycles.Apr 20, 2021

How do you prove a narcissist in court?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

Can a judge see through a narcissist?

In order to get a legal professional to see through the narcissist's facade, you need to get your spouse to act the way they do with you when they are NOT in court, or in the mediator's office. The judge or mediator needs to observe your spouse behaving badly in order to believe you.Nov 8, 2017

Are fathers entitled to 50/50 custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

Do you pay child support if you have 50/50 custody?

If parents have a joint custody arrangement that results in the child spending 50% of their time with each parent, then custody is less of a factor in this calculation. However, 50/50 custody arrangements do not necessarily absolve parents of child support obligations.Jan 14, 2021

What is 50 50 custody of a child?

Alternating weeks are one of the simplest 50/50 schedules. In this pattern, one week is spent with Parent A while the following week is spent with Parent B. This keeps parenting exchanges to an absolute minimum while still allowing both parents to have robust relationships with their children.

Do the conduct of judges and lawyers influence a divorce case?

The outcome of a divorce case is not limited to the conduct of the judges and lawyers but also their interaction beyond it. What happens between ju...

Do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge o...

Do divorce lawyers mislead clients?

Some divorce lawyers do mislead their clients as they have them believe that their case will go to trial, and then trick them into a settlement later.

Why do judges not force fathers to pay child support?

Family court judges have the power to send fathers to jail for not paying child support. Numerous judgments bear testimony to the fact that judges...

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

Do judges and lawyers know each other?

Most judges and lawyers are friends outside the courtroom, especially if you live in a small community. Your lawyer knows the judge, his lawyer knows the judge and it is difficult for a judge to remain impartial if he is better buddies with one or the other of the lawyers.

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

What to tell a divorce judge?

That being said, here are five things your divorce judge wants to tell you, but doesn't: 1. Don't be disrespectful to your spouse, me or my staff. A courtroom is a formal place. When you're in court, you need to be mindful of that at all times. Even when you don't think the judge is paying attention to you, he/she is.

What happens if you don't think the judge is paying attention to you?

If the judge feels you are being disrespectful to anyone, you will feel the negative impact from that. Whatever you do, don't interrupt the judge when he/she is speaking. 2. How you dress determines what I think about you.

How many times can you appear before a judge?

Depending on how contentious your divorce is, you may get to appear before your judge a few times, or more times than you care to count.

What is contested divorce?

Many contested divorces involve sensitive issues and high emotions on both sides. If children are involved, that takes it up another level. Judges want the parties to negotiate and settle the issues between themselves. Judges don't want to decide how you live your life for you.

What do judges wear?

Judges wear a trendy black robe and sit higher than everyone else, but in the end they are just a person, like you and me. That means, like you and me, they have opinions, biases and personal drama that they deal with on a regular basis.

What to do if you are not an attorney?

4. Don't insult my intelligence. If you are representing yourself in your divorce, you may be an accomplished, intelligent person. You may not be.

Do judges have to be neutral?

Yes, they are supposed to be neutral and abide the law when making decisions about your life, but judges are not machines. Maybe they should be... If your judge forms a negative opinion about you early in your divorce, you could be in for a long, stressful and dissatisfied ride. Advertisement. That being said, here are five things your divorce ...

What happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

What is a judge's relationship with a party?

Judge's Relationship to a Party or Attorney. A judge's fairness and impartiality may be compromised when he or she has had a business or professional relationship with a party or attorney. In cases where the judge was a party's business partner or attorney, as well as in cases where the judge was a member of a law firm representing a party, ...

What is the principle of the American judiciary?

One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge's fairness and impartiality never comes up. There are instances, however, when one of the parties in a civil case has reason to believe that ...

Can a judge recuse himself?

In those situations, the judge will either recuse himself or the litigant will move to have the judge disqualified from presiding over the case. Let's look at some of the circumstances that may lead to a judge's recusal or disqualification.

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

What is a recusal in court?

What is a Recusal? Recusal, also referred to as judicial disqualification, is the process of a judge stepping down from presiding over a particular case in which the judge may have a conflict of interest. Title 28 of the United States Code (the “Judicial Code”) provides standards for judicial disqualification or recusal.

What can an attorney do to help you with judicial misconduct?

An experienced and well qualified malpractice attorney or criminal law attorney can help you determine whether or not you’re a victim of judicial misconduct. Additionally, an attorney can file an appeal on your behalf and help guide you through the process of getting your sentence or the entire case thrown out.

What should a judge do when they learn of their assignment?

Thus, at the time a judge learns of their assignment to a case, the judge should review the facts of the case and decide whether there are any conflicts of interest regarding the case that would prevent them from being able to be impartial, ethical, and fair.

Do judges have to recuse themselves?

The official rule states that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”. Both federal and state law holds that judges must recuse themselves if there are grounds to do so. Depending on the circumstances, judges are subject ...

Who was the lead counsel in the University of Texas case?

University of Texas Supreme Court case. In that case, Justice Kagan ’s former role as the Solicitor General combined with her knowledge of higher education admissions and connection with the original lead counsel, was enough for Justice Kagan to recuse herself from the case;

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

How to determine alimony amount?

Basically, in setting the amount of alimony to be paid, courts look at: 1 how much money each person could reasonably earn every month 2 what the reasonable expenses are going to be for each of them, and 3 whether an alimony award from one to the other would make it possible for each to go forward with a lifestyle somewhat close to what the couple had before they split—known in divorce law as "the standard of living established during the marriage."

What happens if there isn't enough money in divorce?

As is frequently the case, if there isn't enough money to make it possible for the parties to reestablish something close to their marital standard of living, then most judges will look for a way to make the divorcing parties share the financial pain equally. Example: Here's how the math works out in a typical alimony case.

What is a witness when a person changes jobs?

Sometimes a psychologist is called as a witness to back up the need for the change.

What does the judge consider when setting alimony?

In many states, the law specifies that in setting alimony, the judge should consider how much support it would take each party "to maintain the standard of living established during the marriage.". This can raise questions about how a court should set and evaluate a particular standard within the "standard of living.".

Is alimony based on income?

As noted, alimony is generally based largely on what each of the divorcing spouses "reasonably earn." That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as imputing income for support.

Is alimony a piece of cake?

In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake. Every state has a law dictating what factors must be considered in setting alimony. (See the Alimony Laws page for specifics on the law controlling your situation.)

What are the two forms of alienation of affection that get dads into trouble?

The two most common forms of alienation of affection that get dads into trouble are: criticizing mom around the kids and keeping the children from mom in any way.

What happens if you ignore an order of support?

If the court enters an order of support and you choose to ignore it, that is considered contempt of court. If the judge makes a finding that you are in contempt, you may be fined or even jailed for such behavior.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.

What happens when a mother keeps her child from her father?

On the other hand, when the mother keeps the child from the father, parental alienation can occur, and that has serious ramifications. 2. Yell at wife and/or children.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

What happens during difficult times?

These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly.

What is the most important thing in the end?

In the end, the most important thing is keeping parents and children safe, and maintaining the economic viability of parents. These all involve human and civil rights. What despairs me, is that the judiciary is far too willing to rule in favor of men in appeals, and not take cases of mothers and children.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

How can you create debt?

Like federal scrip, you can create debt by articulating an argument on paper. That is what statutory law is, the creation of debt. On average if the paperwork is not a valid contract it is simply at best a billable script called attorney ‘work product’. know the difference, an attorney is a processor of statutory law.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.