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Requesting a Change of Venue in Your Illinois Divorce

Posted on in Divorce

wheaton divorce lawyerWhen a resident of Illinois files for divorce, they must choose a venue, or county, wherein the divorce proceedings will take place. Unless their spouse objects to the choice of venue and petitions for a change in venue, the spouse who files for divorce chooses the county where the divorce will happen. 

However, the spouse who responds to the initial divorce filing is not necessarily required to accept their spouse’s choice of venue. If your husband or wife has filed for divorce and you believe that it would make sense to have the divorce proceedings in another county, you may want to request a change of venue. 

Why is a Divorce Venue Important? 

Because a venue simply refers to the court system wherein a divorce case takes place, everything related to a divorce will happen in that particular venue. Court appearances, filing documents, and even requests for modification after the divorce is over usually need to happen in the original venue. Because most couples are still living together or near one another when one spouse files for divorce, a change of venue is generally irrelevant. However, for couples in the following circumstances, objecting to a spouse’s choice of venue may make sense: 

  • If one spouse moved to another county and filed for divorce there, traveling back and forth between counties may place an undue burden on the responding spouse, especially if they are the primary care provider for young children. 

  • If one spouse is well-known, well-connected, or otherwise influential in their county of choice, this could create an unfair disadvantage for the responding spouse. For example, if a spouse is an attorney who is friends with many of the judges in a particular venue, this may be seen as potentially influencing a court’s ability to be impartial during divorce proceedings. 

  • If a spouse deliberately moved to a county with a reputation for ruling on issues in a way that would benefit their position, the responding spouse may wish to object. 

  • If a couple lived in a particular county for all or most of their marriage, but then moved away shortly before filing for divorce, a spouse may want to file for divorce in the county where their marriage mostly took place.

  • If spouses live very far away from each other, they may choose a county that is equidistant to ensure neither spouse is disadvantaged by excessive travel requirements. 

Regardless of the reason for requesting a change in venue, it is important to do so quickly and in response to the original divorce filing. Once divorce proceedings have begun, courts are very unlikely to grant a change in venue. 

Meet with a Wheaton, IL Change of Venue Divorce Attorney

A wise choice of venue can have a significant impact on the success of your divorce case. At The Stogsdill Law Firm, P.C., we are committed to helping you ensure your divorce happens in the county that makes the most sense for you. We will help you apply for a change of venue if necessary, and then work in tandem with you throughout the rest of the divorce process. Call our offices today to schedule a confidential consultation with one of our experienced DuPage County divorce attorneys. Contact us at 630-462-9500

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0

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