Legal Question in Family Law in California
I have a court date for my divorce set in January. Neither party resides in the city where court is scheduled anymore. Is it too late to request a change of venue to our current town?
2 Answers from Attorneys
The court where the divorce proceedings will be held is based on your county of residence rather than the city or town where you live. You may request a change of venue, as in a new county, but it may not be worth the time and energy to get the case removed to another location. I recommend you contact the family law facilitator service for your county with this question.
There are two different types of venue problems. The first is a filing of a petition or lawsuit in a county that was the wrong place to begin with. That situation is not clear from your post, but that argument would be waived once the respondent filed an answer..
The second type of venue problem is convenience of the parties and the witnesses. That type of situation may involve a change of circumstances, such as the residence of all of the parties changing. It may be too late, however, depending on what local rules are in effect for the county. I do agree with Ms. Macklin, and suggest you speak to the family law facilitator.