What does it take to get a change of venue in a divorce case? Is it a long process? my spouse is in the county I want to change to. I would want to change so I could qualify for legal aid. Could I just ask his attorney, is it likely his attorney would do the foot work on that for me? (my spouse was originally in davis county so he had to file here. Is the eligibility for representation a valid reason to ask for a change of venue? would I let his attorney know that that is why I want to change, or wait and see if I have to file for it myself? how long of a process is it?
In Utah, you may be able to transfer venue to another county with venue. This may be done by motion under Utah Rules of Civil Procedure 12(b)(3). You should first call Utah Legal Services (801) 394-9431 before you go to the effort of a motion to change venue. ULS can take your case or refer you to other clinics or to the Bar Modest Means’ program. The court would want to know if you have exhausted your resources in the current venue with ULS before considering such a motion.
If you do file a motion to change venue, I would ask the other attorney if he agrees to your request. If he does, you should include his agreement in your motion. You can ask if he would prepare the motion, but if he does not, the court will consider a motion from you that lists the reason for transfer. However, a court may be unlikely to move venue without a stipulation so long as you reside in the current court boundaries. For tips on mediating such a dispute, click on the link “Mediation Tips” below.