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?
Family Law Attorney
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 fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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.
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I agree with counsel. Contact court administration and ask about filing for a change of venue.
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Criminal Defense Attorney
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 based on these answers without first speaking with an attorney who can go over all the facts of your case in person. Every case is different; a change in facts results in a different answer.