Divorce Attorneys in Kane County
Experienced Lawyers Assisting with Change of Venue or Jurisdiction Matters
The venue or jurisdiction that handles your divorce or family law dispute matters for a number of reasons. Unfortunately, individuals cannot simply pick the venue or jurisdiction that is most convenient or beneficial for them. The law dictates where a case can and will be decided. Individuals can motion to change the venue or jurisdiction of a case, but such a motion will only be successful under specific circumstances. At Shaw Family Law, P.C., our attorneys are well-versed in the laws that apply to venue and jurisdiction changes in family court. We have successfully represented clients seeking to make these changes in the past, and we will work with you to determine if such a change is warranted in your case. Mr. Shaw has authored the chapter on Jurisdiction in the Illinois Family Law Handbook.
Understanding Venue and Jurisdiction Divorce Laws in Illinois
Generally speaking, you get divorced where you live at the time of the divorce. When both parties in a divorce live in the same area, it is easy to determine the venue and jurisdiction for the case. An issue arises, however, when one party lives in another county or another state. The county in which you file your case is the venue. If both parties live in different counties, the case can be filed in either venue. If one or both parties wish to file a case in a county neither party lives in, an order waiving the venue requirement must be obtained from the court. Filing in an improper venue without an appropriate order can cause the court to sanction the parties involved.
Jurisdiction refers to the state in which you divorce. Illinois will have jurisdiction over your divorce if you or your spouse has maintained residency in Illinois for at least 90 days. There is no waiting period to establish residency, however. If you and your spouse have established residency in different states, either of you can file in your state. Generally speaking, the first party to file and notify the other party will win the battle for jurisdiction.
When dealing with child-related matters, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets the rules for jurisdiction based on the child's "home state." Matters involving different venues and jurisdiction are complex and require the counsel of an experienced attorney to ensure proper filings. Attorney Matt Shaw is highly experienced in handling venue and jurisdiction changes. He has even published on the subject. We will make sure that your case is handled in the proper court and that your interests are protected throughout the process.
Contact Our Skilled Kane County Divorce Lawyers
If you are concerned about which venue or jurisdiction will hear your case, contact Shaw Family Law, P.C. by calling 630-206-3300 to schedule a free consultation. We will examine the circumstances of your divorce or dispute and discuss your legal options. Whether or not a change of venue or jurisdiction is warranted, we have the skill and experience to advocate effectively for your interests in court. From our main office in St. Charles, our lawyers handle divorce and family law cases throughout Northern Illinois including Kane, DuPage, DeKalb and Kendal Counties.