Legal Question in Family Law in North Carolina

Re: Motion for change of venue

From Black's Law Dictionary - "The removal of a suit begun in one county or district to another county or district. Sometimes used to mean changing from one court to another of same county or district. In civil cases a change 'may' be permitted in the interest of justice or for the convenience of the parties."

Thus, the issue/question here is did he send you a motion from a county in the state you live now or from a county in the state where he lives? If it is in the same state as where your prior divorce decree was from and he has moved and is asking the court to hear the case in the new county where he lives you may want to consider whether you will be 'home-towned' by such a change. As a rule of thumb a person is less likely to feel they have been 'home-towned' in a bigger city than in a small town. So, ask yourself (or him or rather, his attorney) why they are wanting to change where the matter is heard.

The general rule is NOT to change venue without a pretty good reason. Find out what is his reason.

You can find attorneys in NM through the state bar at www.nmbar.org or call the lawyer referral service at 1-800-876-6227.

Good Luck.