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Should you move your divorce case to a different county?

On Behalf of | Apr 18, 2022 | Child Custody |

When you are in the middle of a divorce proceeding, there are times when it might make sense to request a transfer of your case to a new county. The legal term for this request is a petition for a transfer of venue.

Generally speaking, a court may agree to transfer your case to a new venue as long as the child’s primary county of residence has remained unchanged for six months before the start of the suit. Such a motion request must take place in a timely manner according to state law, and all parties involved, including the attorney general, must be made aware of the motion.

Reasons for requesting a transfer of venue

There are several reasons why a transfer of venue might make sense for your case. Divorce proceedings can take up to months or even years to finalize, and sometimes one or both parties move out of the county in which the case originated. When it becomes inconvenient for the parties to travel to the original venue, a transfer request is reasonable.

Sometimes, the concern is whether the presiding judge is qualified to hear your case and you’re concerned about the possibility of an unfair trial due to bias or conflicts of interest. As long as the eligibility requirements are met, a transfer may be possible.

Venue transfers may also become necessary in the event of a modification of a post-divorce decree. If you and your ex-spouse need to make changes to your last parental plan but you have since moved to a new county, a venue transfer can take place. On rare occasions, both parties agree to the transfer, which makes things run much more smoothly.

Filing a petition to transfer your case can be a complex process. There are requirements to consider that you may not be aware of. Speaking to someone familiar with a transfer of venue proceedings can help reduce the confusion and support you along the way.