How to get the judge removed from your divorce case? Ask Mel Gibson

Apparently Mel Gibson, through his attorneys, has moved to have the judge hearing his divorce case from wife of 28 years Robyn Moore, removed. Mel apparently felt that he could not have a fair and impartial hearing before said judge. According to TMZ and Times of India, the judge Ongkeko has been removed to be replaced by Judge Frederick Shaller.

This worries me a bit. I have read and posted about the fact that the Gibsons are going to have this “classy” divorce and it is going to be amicable. But I get slightly nervous when parties feel they have to have judges removed from the case for unfairness and impartiality (which does happen, by the way). But this usually spells trouble in paradise, that the parties are fighting over something, that it is big, and that because the stakes are so high, they will stop at nothing, even going for the jugular and having the judge removed, to win the case.

Also, the high powered lawyers in this case speaks volumes. The wife is repped by Laura Wasser–she’s this high profile divorce and family law attorney who reps a lot of celebs.

What is there to fight about in the Gibson case? They’ve been married 28 years and California is a community property state. Clearly this is a textbook case for splitting the assets down the middle and calling it a day. What is there to fight over? What is there to change the judge over? Why do they even need these high-powered bull dog attorneys? They should be able to do it themselves, frankly. Split everything down the center and share custody of the minor child.

What is so hard to do about that?

But, what is in this for you? Well, if you are getting divorced and you feel the judge is not fair and impartial, and you have clear and convincing proof, then you can ask the judge to recuse him or herself, or make a motion for the removal of the judge.

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