Choosing where to file


#1

I live in a large county. STBX lives in a much less populous one. How do I choose which to file in? I could get in front of a judge quicker there, but would he have a “home field” advantage? How do you find out how judges typically rule on things? Thanks for the help.


#2

Your spouse would not have a “home field” advantage if you chose to file in the county he resides. Judges will rule impartially regardless.

You can ask people that you know that have been through a divorce case in either county about what their experience was on how their judge ruled on certain issues, or you could ask attorneys. Oftentimes, even in the smaller counties, you won’t have control over which judge will hear your case. Keep in mind that you will have to travel to the courthouse in the county that you filed every time you need to file additional paperwork, attend court dates, etc.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.