Filing for Divorce

Where Should I File My Divorce?

The wife lives in Burnsville. The husband lives in Minneapolis. Burnsville is located in Dakota County. Minneapolis is located in Hennepin County. Where should the parties divorce be venued? Venue is location. A divorce must be filed in a County where one of the litigants lives or resides. Therefore, in this case, the divorce could be filed in either Dakota County or Hennepin County. It could not be filed in Ramsey County, because neither party lives in Ramsey County.

Are there advantages to one county over the other? The law is the same throughout the state. However, the administration of the law may be different from county to county. The difference in administration merely means that the way the case will be administered or may be different from one county to another.

An example of difference in administration is that some counties assign Judges to cases and other counties do not. In some counties, you will see the same Judge every time you appear in Court. The idea being that by having one Judge, the Judge will get to know you and your case. Other counties do not assign Judges. Thus, you will likely see a different Judge every time you appear in Court. Which administration practice is better? Again, “it depends” on the facts and circumstances of your individual case and your attorney’s preference.

Usually one does not have a choice as both parties live in the same County. But if you are able to choose venue, it would be a good idea for you to discuss the matter with your attorney, prior to commencing your case.

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