In a divorce case how do I change from the county where the petition was filed to the correct county where we reside?

Asked over 1 year ago - Tracy, CA

My wife filed a petition for divorce in Alameda County. We both live in San Joaquin County. We have lived in San Joaquin County forover 12 months. When she filed the paperwork she used he correct address, and check the boxes that state web oth meet the residency requirement on the FL-100. I need to file a response,but I can not check those boxes without perjuring myself. How can Ir espond and request the court to change the case to the correct venue in the correct county.Will the FL-560 work in this matter?

Attorney answers (4)

  1. Michelle Louise Blair

    Pro

    Contributor Level 11

    4

    Lawyers agree

    1

    Answered . You need to file a request to change venue/jurisdiction if it was not filed in the proper county. You can seek assistance at the Family Law Facilitator or on the court's website might have the information in the self-help center.

    This posting is provided for "informational purposes" only and should not be relied upon as "legal advice."... more
  2. Martha Bronson

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . I agree with counsel about the need to get the venue changed to the proper county. However, rather than file a full blown motion, contact your ex and ask her to stipulate to a change of venue, then prepare the stipulation with a proposed order and send it through to the court for processing with a cover letter explaining venue is improper and that you seek to have it changed through a stipulated order which you need him/her to sign. If you have any problems feel free to contact me directly here in Tracy, I will gladly give you a one hour free consultation. 209-830-0400. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  3. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I agree with counsel. Contact court administration and ask about filing for a change of venue.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  4. Scott Dale Mitchell

    Contributor Level 8

    2

    Lawyers agree

    Answered . File a motion to change venue. After the judge grants your motion to change venue, make sure you go to the clerk's office and pay the fees and request the actual file be sent to the proper county.

    The answers offered by this attorney are for general information purposes only and you should not take action... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,601 answers this week

2,975 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,601 answers this week

2,975 attorneys answering