In Texas, an associate judge may be appointed by the court to handle specific aspects of a divorce case. Under Texas Family Code § 201.001, an associate judge can be assigned to perform duties such as conducting hearings, managing procedural matters, and making recommendations to the referring court. This is often the case in counties where the workload is heavy and a full-time or part-time associate judge is authorized to assist.
However, if you prefer that your case be heard by the main judge rather than an associate judge, you have the right to object. This objection must be filed within ten days of receiving notice that the associate judge will hear the trial. If an objection is timely filed, the main judge will preside over the case instead. It’s important to be aware of this right, especially in counties where local rules may automatically refer cases to an associate judge unless an objection is made.
Deciding whether to allow an associate judge to handle your case or to object and have your case heard by the primary judge can have strategic implications. An experienced attorney can help you make this decision based on the specifics of your case.