Divorce: Motion to Change Venue or Motion to Dismiss for failure to serve Complaint and file R.J.I.?

I am reposting because I posted in Litigation by mistake . I am working closely w / an attorney , but he wants me to file motion to change venue ( plaintiff served summons 14 mos ago ) because he says bringing a new action will have to include any new marital assets . Someone mentioned we could start a " 2nd action " . Does that mean we can file our own Complaint ? I know we can file the R . J . I . and I think I agree w / the attorneys on this site that it's best to keep in the current county . Thank u so much and In sorry for all the questions !

Buffalo, NY -

Attorney Answers (3)

Marco Caviglia

Marco Caviglia

Personal Injury Lawyer - Poughkeepsie, NY
Answered

Your facts are confusing. If you already have an action pending for 14 mos., what "new marital assets" are involved? Any assets obtained by the other spouse since the summons was served are going to be separate assets and not really part of the litigation, so I am assuming you are misnomering these assets. What would be the basis for change of venue after 14 months? Since you are working closely with an attorney, who I assume is an experienced matrimonial attorney, you should claify these things with him or her.

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Steven Warren Smollens

Steven Warren Smollens

Landlord / Tenant Lawyer - New York, NY
Answered

Dear working closely with an attorney?

That means the attorney who knows most about your legal matter is not any attorney volunteering an answer in this forum. If you want the attorney working closely with you to act as your attorney, retain the attorney and then leave the legal strategy to your attorney.

Good luck.

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Constantine D. Buzunis

Constantine D. Buzunis

Lawsuit / Dispute Attorney - San Diego, CA
Answered

I agree with the other attorneys responses.

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