Dissolution of Marriage: Where to file?

Ordinarily this does not come up as an issue. However, occasionally either due to some preference of one of the parties or the preference of an attorney retained, a dissolution of marriage (divorce) action gets filed in a county where neither the husband or wife resides. Kentucky Revised Statutes section 452.470 says otherwise.

A dissolution of marriage is to be filed in a county where either the husband or the wife “usually resides”. An unwary and unrepresented party to a divorce, though, may unwittingly concede to an improper venue (a wrong county) by filing an answer or showing up to a court date. That is because an objection to an improper venue must be affirmatively plead right off the bat according to Kentucky Civil Rule of Procedure 12.08.

So, if you are served with a petition for divorce, the first thing you ought to do is contact a lawyer for a consultation.

This entry was posted in Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law, Pleadings, Venue and tagged , , , , . Bookmark the permalink.

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