Motion to Change a Venue in Texas Divorce Proceedings

 Posted on April 15, 2017 in Divorce

Each court is only as good as the judge that presides over it, and if a judge is 'too strict,' 'too biased,' or 'too old-fashioned,' the court and the district are going to gain an adverse reputation within the community. Some individuals are aware of the court's reputation, and so try to avoid the courts altogether; others are unaware of the judge's preferences until they come face to face with the judge themselves. However, whether or not you agree with the presiding judge's way of doing things does not matter; if you need a case settled within that judge's jurisdiction, you are going to have to deal with said judge-unless, that is, you can get a change of venue.

A change of venue is not easy to get in Dallas, Texas. At the Clark Law Group, we do everything in our power to accommodate our clients' needs, including helping them obtain a change in venue when we feel that the current venue is directly contributing to the negativity surrounding their case.

Grounds for a Change of Venue in Dallas, Texas

According to the Texas Family Code, 6.301. General Residency Rule for Divorce Suit, 'A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

• A domiciliary of this state for the preceding six-month period; and
• A resident of the county in which the suit is filed for the preceding 90-day period.'

In essence, the law maintains that you may only file for divorce within the county in which you and your spouse resided for at least 90 days prior to divorce. While motions for change of venue are rarely granted in divorce hearings, a judge may consider awarding a change of venue if:

• The divorce was filed in a jurisdiction in which neither party lives;
• Both parties wish to move the divorce proceedings from the jurisdiction of the county in which one spouse lives, to the jurisdiction of the county in which the other spouse lives; or
• One or both spouses wish to move the proceedings to the county in which the children of the marriage reside.

The most likely reason a judge will grant a motion to change the venue is the last, as Section 155.001 of the Texas Family Code states, 'If a court of this state has acquired continuing, exclusive jurisdiction, no other court of this state has jurisdiction of a suit with regard to that child except as provided by this chapter, Section 103.001(b), or Chapter 262.'

How to Make a Motion to Change a Venue

In order to even have the judge consider transferring your divorce case to a different jurisdiction, you must raise the issue of improper venue at the earliest chance you get. If you fail to file the motion in time, you may waive your rights to a change of venue altogether. In order to apply for a change of venue, you must do the following:

• Write in your Response to Petition form that you object to the venue OR file a Motion for Change of Venue with the court before proceeding to file any further motions;
• File the following forms:
• Motion for Change of Venue
• Declaration in Support of Change of Venue
• Proof of Mailing or Hand Delivery
• Order for Change of Venue
• Notice of Hearing

Consult a Dallas, Texas Divorce Attorney

At the Clark Law Group, we understand how frustrating it can be to work with a judge or jurisdiction that you feel is not handling your case fairly, or that is biased towards the other party. If you are interested in changing the venue of your divorce proceedings, our Dallas divorce attorneys will assess your case and provide you with the best legal options available to you. To schedule a private consultation today, contact our family law firm at 469-906-2266, or online today.