Legal Question in Family Law in Virginia

Venue vs. Jursidiction...just how does this work?

Great question! We lawyers talk about jursidiction and venue all the time...well, more appropriately, jurisdiction. Rarely is venue an issue in a divorce/child support case. The proper location for divorce is circuit court. The proper venue for custody and support issue is Juvenile and Domstict Relations Court (J&DR;), a subset of circuit. There you go -- venue solved.

The question is -- did you appeal you original J&DR;determination? An appeal from J&DR;goes to Circuit -- so you need to make sure the case is really still in J&DR;.

That notwithstanding, any J&DR;court in VA has jurisdiction to hear the case. If your ex does not want you to bring the case where you are now, he can file a "forum non-conveniens". Usually, that is reserved for jurisdiction arguments, but it can be argued for venue, too -- but only if filed timely after you bring the suit.

Your case for hearing it local to you is further bolstered if the child (children?) live with you now. But this is just icing on the cake (or a handy way of smushing a forum-non-conveniens filing).

Need help with figuring all this out? Give us a ring! We'll be glad to chat with you further. 703-402-2723.