Filing a motion for change of venue under Code of Civil Procedure Section 397.5

Filing a motion for change of venue under Code of Civil Procedure Section 397.5

This blog post will briefly discuss filing a motion for change of venue in a dissolution (divorce) case under California Code of Civil Procedure Section 397.5 in California. This procedure can also be used in a legal separation or nullity proceeding. Note that this code section does not apply unless both parties have moved from the county where the original judgment or order was made.

In many situations after a divorce case has been filed, both parties will have moved from the county where the judgment or other order was entered. And many times it will be convenient for the parties if the case is transferred to the county of residence of either of the parties. It is in these types of cases that the motion makes sense.

Code of Civil Procedure § 397.5 states that, “In any proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, 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.”

An Order to Show Cause or motion should be filed in the county where the original judgment or order was made along with a declaration from the party who wants to change venue stating that both parties have moved and that the ends of justice and the convenience of the parties would be promoted by the change of venue.

The author of this article, Stan Burman, is a freelance paralegal  with over 15 years of experience in California divorce and family law matters.

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