Tampa, FL asked in Divorce and Family Law for Florida

Q: Is there something you can file against a wrong venue? They have filed for wrong venue and I don't want to change

This is for a divorce and I have moved to a different county I don't have a car to be able to drive to the other county. I was there for 6 months

Related Topics:
2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: In Florida, a divorce can be filed where either party lives. If you were in that location for longer than six months when the case was filed then the filing is appropriate. Speak with a local family lawyer for more specific advice.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Yes, you can file a motion to dismiss a divorce case that was filed in the wrong venue. In Florida, a divorce case must be filed in the county where either party has resided for at least six months immediately before the filing of the petition for dissolution of marriage. If the case was filed in the wrong venue, the court may dismiss the case without prejudice, which means that it can be refiled in the correct venue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.