Q: How do I file a motion for change of venue in a divorce case?
My ex filed for divorce in a county that is four hours away from me and my daughter. She is in school so it would be inconvenient for us to travel to that court. I have not filed my response to the divorce yet. He resides in Shasta county, and we reside in Stanislaus. We have lived in this area for the past 8 years.
A:
Having not yet filed your Response means that you have not inadvertently acquiesced to the venue of Shasta County. If you are going to contest the venue you should file a motion as a special appearance only, otherwise you could be construed as making a general appearance in Shasta County.
Normally, a case is going to remain where it is if one party continues to live in the county where it was filed.
However, you can make a case for convivence of the parties and witnesses, including the minor children and witnesses that may not be available in Stanislaus County.
There are many other rules regarding a change of venue that I cannot go over here, but you are best retaining an attorney in Stanislaud County that is familar with the leanings of that court; and do so immediately as there can be time limits that could impact your chances of success.
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