When filing for a divorce or a legal separation in Los Angeles, it is important that you file your case in the proper venue—venue meaning the superior court of the particular county that has jurisdiction over your divorce or legal separation. An experienced Los Angeles family law lawyer of Wallin & Klarich will know the venue requirements and will inform you which Los Angeles County superior court is the proper venue.
When filing for divorce, the proper venue is the county in which either the petitioner or respondent has been a resident for three (3) months before filing for a divorce. The “petitioner” is the spouse who first filed and requested the court to dissolve the marriage. The “respondent” is the spouse responding to the petitioner’s request for a divorce. Because the proper venue is the county in which either the petitioner or respondent has been a resident for three (3) months, the petitioner has the option of filing in either county where he or she presently resides, or the county where the respondent resides. Thus, you must seek the assistance of the professional Los Angeles family law firm of Wallin & Klarich.
However, the three-month county residency requirement for a divorce does not apply in a legal separation. Therefore, a spouse can file for legal separation in the county he or she resides, without having lived in the county for the preceding three (3) months. If after satisfying the three-month residency requirement the petitioner changes his or her mind and wants a divorce instead of a legal separation, the petitioner may amend the petition to request for a divorce. However, this may require a hearing and further court order.
If a divorce is filed in the “wrong” county, your Wallin & Klarich family law attorneys in Los Angeles County can file a motion asking the court to transfer the case to the proper venue. But in order to prevent an increase in attorney fees and costs and unnecessary delay, it is important that you and your family law lawyer file in the proper county from the very beginning.
Wallin & Klarich has experienced Los Angeles family law lawyers who know which county’s superior court is the proper venue for your case. If you have questions about proper venue or family law in general, call us today at 888-749-7428 to speak with a lawyer.
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