[i]Originally posted by nowinsituation[/i]
[br]Your answer STILL implies the same thing! Facts are facts! And when a judge refuses to allow certain evidence, that is bias!
It depends on why the evidence was disallowed. If it truly does not matter whether the evidence is presented or not (the evidence would be moot), then there is no point in hearing it. Judges want their cases to move forward, and don’t want to tie up the time hearing evidence that will make no real difference in how something is decided.
For example, if alimony is already going to be awarded (due to the financial issues), hearing on evidence of adultery may not be necessary, since (at least as far as I can tell from reading the statute), adultery only makes the alimony mandatory, it does not mandate an amount.
There are other situations where evidence may be moot. For example, if a court lacks personal jurisdiction over the defending party, the defending party will not necessarily present evidence, or even rebut any evidence already before the court. (In fact, it could harm the defending party’s case against personal jurisdiction to present/rebut evidence before the court. As such, the judge may prevent the filing party from presenting more evidence until the jurisdiction question is decided.)
Attorney knows the "likes and dislikes of judge"! Bias, bias, bias!
Judges are human, and each judge has their own way of doing things. The same thing applies in the private sector, too. Know your customer(s), and what makes them tick, and you’re more likely to make the sale. If you know your audience, you’re more likely to get your point across. This is especially important if there are two conflicting areas of law governing.
Good relationship! Bias, bias, bias!
Not showing up to a court date (w/o an extremely good reason and prompt notice, such as funeral, hospitalization, or illness. Assuming it doesn’t matter is NOT a good reason.) is an excellent way to tick the judge off, and for them to view any potential questions in what constitutes “equitable” in a light unfavorable to the absent party.
Judges remember which attorneys have not played by the rules of the court. They also remember which litigants haven’t shown up for court.
It's a freakin' game! The law is black and white!
The law, in addition to being black and white, also has numerous shades of grey.
Sucking up to the judge is well, bias and prejudice, in order to win your friggin' case and make money and a name for yourself! Divorce is not supposed to be a criminal case! It's pretty cut and dried.
However, to quantify everything that can legitimately affect how a property distribution (or PSS/alimony) is handled would make most mathematicians break down in tears. (You’re looking at a system with roughly the complexity of the weather, and with far less data.)
One can hardly expect a judge (who may have had a few semesters of calculus, at most) to be able to definitively and precisely model such a complex system.
It’s not quite as cut and dried as you assert.
Fairness is supposed to be the principle in a divorce!
But then we must ask, “What is fair?”
What my ex thinks is fair is far different from what I think is fair. And a judge could have an entirely different point of view of fairness. And each of us can justify our positions, too.
But, it's simply knowing the judge and sucking up to him so he can make YOU, the attorney, the HERO! Most people have nothing in a divorce! It's the few who come along with some financial ability who put the bread on the lawyer's table! Sad situation. To be an ambulance chaser! Sorry. Some of your answers are helpful. This one really ticked me off because there is no attorney out there who can help me in this. I paid over 200,000 for absolutely nothing except to be miserable the rest of my life and pay for what my ex did to me! And the abuse continues with me trying to represent myself against an unfair judge!
How do you feel that you’ve been treated unfairly? What errors of law has the judge made? (Mere technical issues, such as calendaring/continuing hearings don’t count, and abuse of discretion is very difficult to demonstrate.) If the judge has made an error of law, you do have the right to an appeal (if filed within the rules of appellate procedure).
Of course, we don’t have the full story, either. We don’t have your attorney’s bills, we don’t have transcripts, we only have what you have disclosed here.