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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 27210
Experience:  Attorney
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What should I expect when requesting a change of venue for

Customer Question

What should I expect when requesting a change of venue for a property settlement in a divorce case? I'm in an hostile County and A City that doesn't like me, in a State that has known about fraud perpetrated on my family for an hundred years. I've been unable to hire an attorney locally, so I've requested a change of venue when I filed the set aside in response to a default judgement. This may prove to be a very important case, and I want to get out of the county. Is it enough to say that I can't find an attorney to who will take my case? Or do I need to set forth the reasons why I believe the County is hostile toward me?
Submitted: 3 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 3 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It unfortunately is typically not enough to say that you're not able to find an attorney to represent you in the county, because any CA licensed attorney can help you anywhere in the state. What the judge will likely tell you is to hire an attorney that is located in an adjacent county. Also keep in mind that there is no automatic right to an attorney in a family law case.

Venue in a divorce is proper in the county where the spouses lived together as man and wife. That's usually where it's going to be heard. If you have reasons that you believe it is impossible to get a fair trial in the county where you live, all of those reasons should be included in a motion for change of venue. A common reason for a change of venue is a highly publicized case that makes it difficult to find unbiased jurors in the county where the case is filed (think of something like the Rodney King case or the O.J. Simpson case). If you have reason to believe that the judge is biased against you, another option is a Motion for Recusal (but you'll get another judge in the same county unless the case is moved).

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service at 3-5 faces/stars so that I get credit for helping you today. Thank you.

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