Ask to move your family law case to a different county in Washington (venue)

Use this for family law cases including divorce, legal separation, parentage, or cases about parenting plans or child support. 

The county court where a case is filed is called its "venue." A motion to change venue asks a judge in the current county to transfer the case to a court in a different county. You can ask to move the case to any county in Washington where the case could or should have been filed.

If you want your case moved to a different state or to tribal court, you must object to jurisdiction (not venue). 

The venue rules depend on the type of case. The judge is more likely to approve a change of venue if the other party filed the case in the wrong county (if venue is improper). 

• Divorce: You should file for divorce in a county where at least one spouse lives. A judge will generally approve a change of venue if the divorce was filed in a county where neither spouse lives. If one spouse lives in that county, and the other wants to move the case to the county where they live, the court may (but does not have to) change venue. 

Some private services that prepare divorce papers for a fee will tell you to file for divorce in a county where neither spouse lives, often Lincoln County. If you file for divorce in a county where neither spouse lives, your spouse has the right to move the case to the proper county. The court should grant a change of venue. 

• Parentage: You can file to decide parentage in a county where the child lives or is located. If the child doesn't live in Washington but the Respondent does, you can file in the county where the Respondent lives or is located. If Respondent died, you can file in the county where their estate is probated.  
• Petition for a Parenting Plan and/or Child Support: The law isn’t clear about this, but you can probably file in a county where the child or either parent lives or is located.
• Change a Parenting Plan and/or Child Support Order: You can file in the county where the child lives, where the final order was issued, or where the person with custody of the child lives.
• Clarify or change a Final Divorce Order: To change the spousal support amount or property and debt division in the divorce decree, you file in the county that issued the Final Divorce Order.

When can I ask to change venue?

You must raise the issue of wrong (improper) venue at your earliest chance. If you don’t, you may accidentally give it up (waive it). You must either put in your Response to Petition that you object to the venue or file a Motion to Change Venue before you file anything else. 

Try to get legal help if you have questions about venue. If you can't afford to hire a lawyer to represent you, you may be able to pay one to advise you and review your paperwork

Why would I try to change venue?

If you must take part in a case filed in another county: 

• You may have to make a long, expensive trip to appear for hearing or trial.  
• It may be harder for you to file motions.
• It may be harder for you to learn court procedures or get help from facilitators.
• If you need to try to change a parenting plan or child support order later, it may be harder and cost more to get copies of court orders from a far-away county.  
• It may be very hard for your witnesses to travel to the county where the case is. 

How much does it cost?

There's no fee to file a motion. But there may be fees to get copies of court papers. There will also be a fee to re-file the case in the new county. Ask the court clerk how much it will cost if your motion to change venue is approved. 

If the other party filed the case in the wrong county according to the venue rules, you can ask the judge to order that the other party pay any costs to transfer the case to the correct county.