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The Divorce Encyclopedia
Discretion of the Court


Term Definition Discretion of the Court - an area of choice available to a judge to make decisions after reviewing reasonable evidence.
Application in Divorce In the course of court business, judges have latitude in deciding to do or not to do some things. Judicial discretion, as this is called, is broad and elastic, and assumes the sound judgment of the court.

In fault divorce actions, judges are often compelled to exercise judgments because the emotional nature of the action can make the atmosphere surrounding the proceeding volatile.

In divorce actions, judges enjoy a degree of latitude in the factors he or she considers in the distribution of property.

Discretion of the court is a reason why it is sometime very hard to predict what a judge will do.

See also Decision and Judgment; Appeal; Mandatory Factors.

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