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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is there any benefit or way to change which district court

Resolved Question:

Is there any benefit or way to change which district court my divorce? Currently in 150th district in bexar county tx.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.

Unless both you and the other party live OUT OF STATE, the original county holds jurisdiction. Assuming not, there is no way to change the Court; but there is a way to change the county, or, the Judge.

County
You may file a Motion to Change Venue in an attempt to switch counties based on the fact that you cannot get a fair hearing where you are now, however, most such motions fail. You'd really have to show a serious inability of the officials in the county to be fair to you.

Judge
You may file a Motion to Recuse Judge if you feel that the Judge is being unfair. This is under Texas Civ. Proc. Code RULE 18a and 18b.

Grounds:

(a) Grounds for Disqualification. A judge must disqualify in any proceeding in which:
(1) the judge has served as a lawyer in the matter in controversy, or a lawyer with whom
the judge previously practiced law served during such association as a lawyer
concerning the matter;
(2) the judge knows that, individually or as a fiduciary, the judge has an interest in the
subject matter in controversy; or
(3) either of the parties may be related to the judge by affinity or consanguinity within
the third degree.
(b) Grounds for Recusal. A judge must recuse in any proceeding in which:
(1) the judge’s impartiality might reasonably be questioned;
(2) the judge has a personal bias or prejudice concerning the subject matter or a party;
(3) the judge has personal knowledge of disputed evidentiary facts concerning the
proceeding;


However, a motion to recuse should not be taXXXXX XXXXXghtly, of course.

Benefit
There is really no benefit in changing the judge or county unless you feel that you cannot get an impartial hearing.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86546
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Family Law Specialists are ready to help you

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