Legal Question in Family Law in New Jersey

A divorce mother with two daughters collecting child support, over 9 years divorced and moved to a different part of the state of nj. Ex-husband remained in the same area where the divorce papers were completed. He is now appling for a reduction with that county's court. EX-wife is filing a counter motion, she wants to file near her home.

Can a person file a countermotion, in that new residing area or must they go to the court where the other was filed?


Asked on 4/24/11, 7:30 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Jurisdiction stays in the county in which the divorce occurred. It is in the discretion of that Court to move it to another jurisdiction, but an application would need to be made to that Court with reasons why the move to the other county is justified.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 4/24/11, 10:52 am
Larry Raiken Larry S Raiken LLC

Jurisdiction remains in the county where the divorce occurred. Please call me at 973 808 2003 to set up an appointment.

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Answered on 4/25/11, 6:25 am
Philip Burnham, Esquire Burnham Law Group, LLC.

In order to change venue, you have to file the a motion in the county where he filed the current motion and where the divorce was granted. However, you can file a request to change to the county where you reside as part of your cross-motion. Motions to change venue are not automatically granted, it is up to the court whether they will change venue.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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Answered on 4/25/11, 10:03 am


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