Muskegon, MI asked in Divorce for Michigan

Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on a bathroom break, so all of my witnesses were excused, I was also not allowed to admit evidence to counter her accusations.

Does the judges closing statement show abuse of discretion, bias and an unreasonable statement to make, how can that be an impartial judge ?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately 50/50; if you're in that ballpark, it's likely not an abuse of discretion.

And I take it you didn't have a lawyer, by the way the witness issue was handled.

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