Q: Husband used for divorce after living in Oklahoma for more than 6 months for work purposes. I never lived there.
He filed for divorce I am trying to find out how to file for a Change of Venue to have the case sent back to Florida where we resided as a couple and I still do. He doesn't help me with anything financially and I am on disability, can't afford to pay a lawyer for help. Being that I'm trying to do this on my own, what forms do I need to file to Object to Jurisdiction and try to get the change to Florida?
A: You should ask this question in Justia › Ask a Lawyer › Oklahoma › Family Law ›, instead of here. But what you would need to do is ask the Oklahoma court to dismiss the Oklahoma case because it doesn't have jurisdiction; your husband being a Florida resident and not a resident of Oklahoma.
Change of venue is not really what you want. That would apply if the case was filed in the wrong county (or other such subdivision) of a particular state, or in the wrong district in the federal court system. In this case you would ask the court in one state to dismiss (rather than change the venue); thus forcing the plaintiff to file a new case elsewhere.
David Alfred Carroll agrees with this answer
A: You should speak with an experienced local family law attorney. You have an issue of jurisdiction. Unless you fall within the long arm jurisdiction under some exception, then Oklahoma does not have jurisdiction over you. It will have jurisdiction over your "divorce/marriage" but not over the issues like distribution of assets, alimony, debts, and the like. Those will need to be handled in Florida that you have not been a resident of Oklahoma. However if you have filed an answer and did not object to jurisdiction then you may have voluntarily allowed Oklahoma and have jurisdiction. It is important that you speak with an experienced local family law attorney to help you understand the intricacies of this jurisdiction question. I can see that it would be better for you to have the case here especially due to the expenses of traveling for court. However, if your husband is the one making most of money, then perhaps the court will make him pay for your attorneys fees and your transportation fees.
I hope this helps. I wish you all the best.
David A. Carroll, Pensacola Divorce Lawyer
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