Can You Change The Venue Of Your Divorce In Florida?
If you have filed for divorce, you might wonder whether or not you can change the venue of your divorce. The venue of divorce is a physical location where divorce proceedings take place. Sometimes, parties may want to change the venue in the middle of the divorce case. But can you do it in Florida?
If you want to change the venue of your divorce, speak with our attorneys at Donna Hung Law Group to review your particular situation. Our Orlando divorce attorney can help you change the location where your divorce proceedings take place.
Can You Pick a Venue of Divorce in the First Place?
In most divorce cases, the proper venue for a divorce is a court located in the county where at least one of the parties resides. Under Fla. Stat. § 61.021, one or both spouses must live in Florida for at least 180 days (six months) before a petition for divorce is filed.
Thus, the county court where either spouse resided will be the original venue of a divorce. However, in some cases, parties may want to transfer the venue of their divorce to move their divorce proceedings to another county, city, or state.
While changing the venue of your divorce can be tricky, doing so is possible as long as all the requirements are met.
Why Change the Venue of a Divorce?
Parties may request the change of venue for a number of reasons, including:
- One or both parties have moved to another county, city, or state;
- A large number of properties, which are subject to equitable distribution, are in a different county, city, or state;
- There are possible issues of undue influence;
- There is prejudice existing in the original venue;
- The parties want to avoid or minimize publicity in the original location;
- The original location is too far from the geographic location of one of the parties; or
- It is in the best interests of the child to change the venue.
Florida courts always prioritize the best interests of children, which is why a court is more likely to approve the change of the venue if it is requested to benefit the kids.
How You Can Change the Venue of Your Florida Divorce
Florida law allows the parties to change the venue of their divorce if doing so is in the best interests of their case and it is approved by the court in which the divorce proceedings take place.
In Florida, you can change the divorce venue if doing so is:
- more convenient for the spouses;
- more convenient for the witnesses; or
- it is in the interest of justice.
Florida courts have discretion when it comes to approving the change of the venue of divorce.
Before approving the parties’ request to change the venue of divorce, the judge will review a wide range of factors. If you have questions about changing the venue of your divorce in Florida, consult with our lawyers.
Contact Donna Hung Law Group to review your particular case. Call 407-999-0099.