Judges are human. The beauty of this is that they can take the specific facts of the case into consideration and tailor the outcome to the specific facts of the case. This is especially helpful in custody and divorce cases where every family’s needs are different.
How the Judge Affects Your Case
That being said, the likely outcome of your case, especially in a family law matter, can vary greatly depending on which judge is handling your matter. This is great if the assigned judge tends to do what you are requesting. It is disappointing if the judge’s position tends to be opposite of your own. Some states allow a party one strike if they don’t like the judge assigned to the case. Nebraska isn’t one of them. Absent exceptional circumstances, the judge assigned to your case in a Nebraska custody or divorce case is the judge that will decide the matter.
Tailor Your Case to Your Judge
Every judge is different, and it helps to keep your audience in mind: the judge assigned to your case. It often starts with knowing what your judge is likely to do. This is where your attorney comes in. If the judge is likely to do what you are asking, then your best argument may be to explain how the case fits into a typical fact pattern and argue that there is no reason to not do what judge normally rules. If what you want is not likely what judge is going to order, your argument may focus on what facts make your case different than the others and why an exception is appropriate here. You also may have more incentive to reach an agreement if the other side is going to give you a better deal than the judge is likely to.
The Nebraska State Bar Association surveys practicing attorneys on the judge’s performance. Most judges get excellent ratings. For the results released on July 27, 2020, see the Nebraska Bar Association’s release at www.nebar.com/resource/resmgr/for_the_public/2020_judicial-poll_complete.pdf.
Law Office of Julie Fowler, PC, LLO | Divorce Lawyers Omaha
Child Custody | Child Support | Divorce Lawyers Omaha
If you are looking for an attorney in a child support case, divorce, or DUI in Omaha, Nebraska, or the surrounding areas (including Papillion, Bellevue, Gretna, Elkhorn, Lincoln, Nebraska City, Sarpy, Lancaster), contact our office to set up a consultation.
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