Jurisdiction and Venue

Jurisdiction and Venue of your Divorce case

Q:         Can I file my divorce case in Alabama?

A:         In order for the Circuit Courts of Alabama to subject you and your spouse to its jurisdiction, either you or your spouse must have been a legal resident of the state for six months or longer.  If that is no the case, then Alabama can still maintain jurisdiction if BOTH parties have established their legal residence in the State of Alabama.

After the divorce becomes final, the Court that entered the divorce decree will maintain jurisdiction of the parties for purposes of enforcing the decree as well as modification petitions to change child custodychild support payment amounts,  and visitation schedules.

The term “venue” means the specific county within Alabama in which the divorce action is filed.  As long as you are subject to the jurisdiction of the Alabama Courts, you may legally file the divorce in any of the 67 Alabama counties.  However, if you decide to petition for divorce in a county in which neither you or your spouse lives, your soon to be ex can file a motion to transfer the case to the county in which they reside.  However, if both spouses agree, they can file for divorce in a county in which they do not live.  This is often done for privacy reasons.

Most divorce complaints are filed wherever the spouses lived while married to save time and expenses.  If you are considering divorce and have any questions about the proper jurisdiction or venue of your case, call the Dothan divorce attorneys at Boles Holmes White today.  Contact us at 334-366-6086.

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