Are you contemplating filing for divorce – or do you anticipate that your spouse will? What if the two of you currently live in different counties – where should you file? This is one of my most frequently asked questions. Here’s a brief scenario to help answer it.
What is the appropriate venue for dissolution of marriage? When can you change the venue?
QUESTION:
Bill and Jane are husband and wife. They last lived together in Martin County. When they separated, Bill moved to Broward County. He filed for divorce in Broward County. Can Jane transfer the venue to Martin County?
Venue: the location where the lawsuit will be litigated
ANSWER:
Yes, Jane can file a Motion for Change of Venue to Martin County, the last place the couple lived together as husband and wife. The most appropriate venue for divorce actions is where the couple last resided together as husband and wife.
Note: Jane will need to file the motion in Broward County.
George E. Gelb can assist you with filing for a dissolution of marriage or a change of venue. He has been practicing divorce law for over 35 years. He was selected Palm Beach & Martin County’s Top Lawyers and voted a Florida SuperLawyer by his peers in the legal profession.