Where will an alimony reduction hearing be heard after 25 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

Where will an alimony reduction hearing be heard after 25 years?

After 18 years married, we divorced 25 years ago. I now live in another county and she also lives in another county. I’ve paid alimony all these years and want to modify payments. Do I need to use a local lawyer or not? Where will the judge be to hear the matter?

Asked on January 3, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You can file a motion in the original county to change venue under California Code of Civil Procedure Section 397.5.  (See language below).  The problem is that doing so delays things.  You have to file a motion to change venue, argue it, then get it transferred and wait 2-3 months for the court to send it to the new court.  It's a pain, but it works.

You can file in the original county for a modification--or do the change of venue deal.

I would get a local attorney in the original jurisdiction and just hash it out there. 

If you have any questions feel free to contact me.

 

 

Any action or proceeding related to dissolution of marriage, “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.”  Code of Civil Procedure § 397.5. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file for your modification of alimony in the court in the county where you reside or in the court in the county where your ex resides.  For convenience purposes such as filing documents with the court and appearing in court, file in the county where you reside.  An attorney admitted to the State Bar can represent you whether that attorney is located in your county or somewhere else.  The judge assigned to your case will be in the state court in the county where you file your case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption