Does it Matter Who the Judge Is?

 When a divorce or family law matter begins, many wonder whether it matters who the judge is. Are divorce and family law matters cookie-cutter to such an extent that it does not matter? Or will the judge assigned to the case make a big difference in the outcome?

 

What’s The Scoop on Whether the Judge Assigned Matters?

 

The reality is that the answer to this question is complex. In many respects, the judge in a divorce or family law case merely applies the law. For example, in Texas, child support is calculated by a set formula. However, with spousal maintenance, which is basically Texas’ version of alimony, there can also be a formula.

 

But in other areas of divorce or family law, it can be the wild west in certain respects in terms of the law. For example, take child custody where Texas applies the best interests of the child standard where the judge can weigh various factors.

 

The same can be true for the division of the marital estate. Texas allows the judge to equitably divide marital property and debt in a just and right manner when given all the statutory factors.

 

Judges Have Broad Discretion

 

In weighing the various factors with property and debt division in Texas, the truth is that judges have broad discretion to determine what is just or unjust. As a result, what one judge might find to be just another judge could have the opposite perspective.

 

The same can be true as it relates to child custody. Some judges might prefer fifty-fifty custody, while others might like that children can be in one home predominately. Judges can often deviate from these presumptions if the right facts are presented.

 

Even with child and spousal support, a court has broad discretion in determining the parties’ income or the reasonable expenses for the children. For this reason, the judge on the case can make a big difference, even in areas where a party might feel as if it does not matter.

 

Talk To Your Lawyer About the Judge

 

To sum up the original question, it does matter who the judge is on the case in many instances. Many judges can lean one way or the other on cases. Many judges can also have a lens through which they see specific issues. Over time, many judges can become pretty predictable regarding what they do on cases.

 

Some judges may also be more reserved about their judgment and wait for the evidence. Other judges may be more impatient and prone to make up their minds in pre-trial matters before the court.

For these reasons, most clients need to have a discussion with their lawyer about the judge on their case. Knowing the tendencies and personality of the judge can help a party make better decisions regarding whether to try or settle their case. It can also guide a party in some instances to take a change of judge where one may be granted as a matter of right or cause.

Divorces are almost always difficult. Using these strategies and having an experienced team of family law attorneys on your side will make the process easier and help protect you and your business assets. Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2021, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.