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

Buffalo, NY |

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 !

I mean, if I keep in current county how do I start a 2nd action exactly? I was already told about filing a motion to compel and sanctions. Is that the same thing? I was told (on here) filing for a change of venue could take months and it's already been 14 months since my brother has been served w/ summons. In that time he has been awarded custody of kids, has 5 yr order of protection against wife (their daughter has one also) and she has used all their health ins benefits so nothing left until June. His attorney doesn't want to drive 50 miles to other county and my brother is a single parent of 3..... Can't afford another attorney.

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Attorney answers 3


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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.



Thank you, and I agree I should be asking his attorney, but honestly the attorney is a friend,someone I worked for years ago and hers thought this would be a simple matter so didn't charge much and hasn't gotten paid anything but the initial retainer. I recently came into the picture and told my friend I would try to find out what I could. His exact words were "you're asking a skin doctor to do brain surgery" and would prefer my brother seek other counsel.

Marco Caviglia

Marco Caviglia


Whenever a client is not comfortable or at least confident in his or her attorney, get another. I know that doesn't solve the money problem, but if there are significant things at stake (bigger assets, custody, etc) look for help from family and friends, as hard as that may be.


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.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


I agree with the other attorneys responses.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.