I had already moved out, and my ex had taken our daughter and wouldn't let me see her. When he filed the initial motion, our daughter was living with him in Denver county, and I was staying with a friend in Arapahoe county, but he filed in Douglas county. I'm pro se (no I do not have anymore money for a lawyer, so if that is your answer, don't answer), and have been combing through everything that my first lawyer was suppose (but failed) to take care of. I asked all 3 of my lawyers to try to have it dismissed or at least change the venue. They told me that was too hard. I was stuck with a magistrate who use to work with my ex's lawyer, so I got screwed... Big time. My ex won't stop. Him and his lawyer have filed 23 motions in the last 6 months alone. I have shut down my businesses to go back to school for law, but I have to shut some of this down NOW. I'm 33 and I'm losing my hair from the stress. It is even turning white. I've lost 30 pounds in 6 months. They are literally killing me! And my poor baby keeps asking me when is this going to stop because she is sick of being in the middle! I've tried talking to my ex, but I know his lawyer thinks of him as a cash cow, so on it goes!
The action cannot generally be voided as long as the matter was filed in the correct state. What your remedy would be is to seek a change of venue to the proper county. In Washington, you can file in the county of residence of either party or you can file in another county if the parties agree. Agreement will be okay if neither party objects.
So, you have to go to Douglas county and ask that the case be filed correctly, usually where you live if you are the first to ask. Again, this may not be a choice since some states require the case to be filed either in the county of residence of the moving party or the non-moving party so you state laws determine that issue. Your lawyer will know the answer to the issue.
If you do not have sufficient funds for a lawyer, the court has authority to make your husband contribute to your attorney fees, especially if he has hired an attorney to represent himself.
Colorado District Courts are courts of general jurisdiction. That means that even if the case is filed in an improper venue, the court is not without jurisdiction . That means that none of the orders the court has issued are void.
If none of the parties currently live in Douglas County, it may still be possible to file for a change of venue - although this is far easier to accomplish at the outset of the case. However, if you get the case moved to Denver, the Denver judge will start with the orders that were entered by the Douglas District Court. This doesn't give you a clean slate to work from.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline