I live in Monterey county, and during the whole time married, we never lived in Santa Clara. Yet every time we have court I need to draw 1.5hrs each way. This last court date I found out that she is living outside of CA.., somewhere up in WA state. Armed with this new information can I put in for a change of venue back to Monterey County..?
If neither of you currently live in Monterey county and there are no pending matters before the judge on your case you can file a Motion to change Venue and use Case law and analysis as to why the move is proper. You also want to make sure to talk to the Family law clerk before filing and make sure that there is not a special department to set the matter in as some counties have these type of motions heard by one particular judge.
Did the other party live in Santa Clara county for at least 3 months prior to filing in Santa Clara county? If so, then that is why your case is there. As to filing a motion to change venue, yes you can file a motion to change venue to Monterey but the issue is will it be granted. Given the facts stated, you might be able to prevail on this motion.
Both of the attorneys provided solid answers. Consider hiring an attorney to help you get the right venue possibly. Driving 1.5 hours is difficult. Hopefully you will not have to deal with another state.
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