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A change of venue motion in a divorce case in California

by Stan Burman

A change of venue motion in a divorce case in California is the topic of this blog post. 

A change of venue motion in divorce case in California is authorized by Code of Civil Procedure Section 397.5. The motion is made on the grounds that both parties have moved from the county where the original judgment or order was made. This change of venue motion can also be used in a legal separation or nullity proceeding in California.  However this code section only applies if both parties have moved from the county where the original judgment or order was made.

A change of venue motion under Code of Civil Procedure section 397.5 is very useful in situations where both parties will have moved from the county where the judgment or other order was entered and it will be convenient for both parties if the case is transferred to the county of residence of either of the parties.

Code of Civil Procedure § 397.5 states that, "In any proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be transferred to the county of residence of either party."

In order to request a change of venue a request for order or notice of motion should be filed in the county where the original judgment or order was made along with a declaration from the party who wants to change venue stating that both parties have moved and that the ends of justice and the convenience of the parties would be promoted by the change of venue.  The moving party should make sure to include detailed specific facts with the declaration supporting the motion and also attach any relevant documents as exhibits to the declaration.

Attorneys or parties in California who would like to view a portion of a sample 8 page motion for change of venue under Code of Civil Procedure section 397.5 in a divorce case containing brief instructions, a memorandum of points and authorities, sample declaration and proof of service sold by the author can use the link shown below.

Sample Motion for Change of Venue in California Divorce by Stan Burman on Scribd

 

Attorneys or parties in California that would like more information on a California divorce document collection containing over 45 sample documents including a motion for change of venue in a divorce case in California sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-divorce-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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