Legal Question in Family Law in Missouri
Conflict of interest
My husband and I both filed for divorce in different counties. I filed where I currently live since I moved out, he filed where our home is where he still resides. Needless to say, it was thrown out where I filed and we have been going through the divorce proceedings where he filed. Come to find out, his lawyer's husband is a judge in the county our divorce proceedings are being held. ALso, our currentl judge is friends and in the same firm as my husband's lawyer. Can't there be some kind of conflict of interest here? TO where we can get the remaining divorce proceedings held in some other county?
1 Answer from Attorneys
Re: Conflict of interest
Your question is somewhat confusing, but there are rules in place to deal with problems such as you describe. I doubt that the judge is a member of the law firm of your husband's attorney since being a judge is a full time job. Your attorney may file a motion asking the judge to recuse (remove) himself from the case, or perhaps even file a motion seeking to disqualify the judge for cause. It is possible that the judge will be replaced by another judge either in the same county or brought in from a neighboring county. Please consult with you own attorney about this.
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