Where will an alimony reduction hearing be heard after 25 years?
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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 11 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 11 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.
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