What circumstances can a change of venue be denied in a divorce case for oregon?

Asked over 1 year ago - Bend, OR

I live in deschutes county and filed here. The other party does not live in oregon but moved to have a change of venue to columbia county in where her mother is employed within the court working within the da office. Would this be considered a conflict of interest? She has accsessed my personal information in the past and used it for their own benifits and was investigated third party and was disciplined for it.

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . I am sorry that you are going through this. The jurisdiction is where you either lived together as husband and wife, or if neither of you lives in that area, where one of you has lived for the statuory appropriate time. Chat with a local OR attny.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . First of all, no, there's no "conflict of interest." That term doesn't apply to anything here. The fact that your wife's mother works in the DA's office shouldn't influence your case.

    As far as the venue question, that depends on a few things: If you have children together, then the divorce should properly be filed in the state and county where the children reside. If you don't, then it's a totality-of-the-circumstances test for what's the most reasonable location for both parties. You could certainly argue that, if you live in Oregon and she doesn't, then it makes sense for the suit to be in your county, since she's going to have to travel anyway. On the other hand, if she lives in, say, Washington, then Columbia County might be a more convenient compromise for the two of you.

    You should consult with an attorney, if you're going through a divorce. You can call the Oregon State Bar for a referral at 503-684-3763.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Diane L Gruber

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Nope. Proper in Oregon is ONLY in a county where one or both of the parties reside. It does not matter that her MOTHER lives in Columbia County.

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