Q: Can i relocate my divorce finalization case from Santa Clara county to Orange County (in CA) where I'm currently living
I filed for divorce in 2018. We ended up dividing the assets. It has been pending since and needs to be finalized. Can I relocate the case to a different county in California since the original case was in Santa Clara County and I now live in Orange County? If I can, do I need to hire an attorney from Santa Clara County or can I hire an attorney in Orange County?
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A:
In California, relocating your divorce case from one county to another can be done, but it depends on specific circumstances. Since your case was originally filed in Santa Clara County, that court generally retains jurisdiction over the case. However, if both you and your ex-spouse have moved out of Santa Clara County, you may petition the court to transfer the case to the county where one of you currently resides, such as Orange County.
To initiate this transfer, you would need to file a request with the court in Santa Clara County, explaining the reasons for the transfer and demonstrating that neither party resides in that county anymore. The decision to grant the transfer rests with the court and is not guaranteed.
Regarding legal representation, you are not limited to hiring an attorney from Santa Clara County. You can choose to work with an attorney in Orange County or any other location in California, as long as they are licensed to practice law in the state. An attorney in your current location might be more convenient for you, but consider one who is familiar with both the Santa Clara County court system and the specifics of your case.
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