If you have decided to file for divorce, there are many different details to consider. One of the most important decisions is where to file for the divorce, which is also known as the venue. There are times when it may be necessary to change the venue of a divorce case for you or your child’s best interest, and if that is the case you need an experienced Florida divorce attorney to assist. At the Law Offices of David L. Hirschberg, our knowledgeable Boca Raton divorce lawyers are prepared to help with a change of venue and any other legal issue that may arise in your case. To learn more, call or contact our office today to schedule a consultation.
What is Venue?
The venue is the physical location where the divorce takes place. Florida has laws that dictate the venue of a divorce, starting with a residency requirement. In order to file for divorce in Florida, at least one spouse must reside within the state for six months prior to the divorce. The original venue of a divorce must be in the county court where either you, your spouse, or both reside. However, once the initial divorce petition is filed, a motion can be made to change the venue of the case to another city, county, state, or even a different country if the requirements are met.
How to Change a Divorce Venue
Under Florida law, a change of venue may be approved by the court if it is more convenient for the parties, witnesses, or in the interest of justice that the case be moved. This broad rule gives the court a wide latitude to transfer the case to another venue if it is in the best interests of case. Some of the most common reasons for requesting a change of venue include the following:
- One or both spouses have moved,
- Substantial property or assets are in a different venue,
- One spouse may wield substantial influence in the original venue location,
- The original venue is known for ruling in specific ways on divorce cases,
- To minimize publicity on a high net worth case,
- The original venue is unreasonably far from one spouse, or
- An issue involving minor children
If the reason for the request to change venue is because of a child, the court always puts their best interests first. The judge must consider a number of different factors, including the geographic location of each parent and the child, the continuity of each parent in the child’s life, and more. If the venue of the divorce requires the parent to take the child out of school to travel for hearings or a similar situation, they are more likely to approve a change of venue to a closer location. To learn more about how to change venue in Florida, call or contact our office today.
Talk to Our Office Now
If you are interested in learning more, call or contact the Law Offices of David L. Hirschberg today to schedule a consultation.