Jurisdiction of Case

I have already been served through certified mail. I live in Hollister, North Carolina; Halifax County. However, my marriage took place in Vance County. Where will my case be held if it goes to court, Halifax or Vance? Do I need a lawyer in one of those counties to take my case or just as long as they services the area?
Also, Is it best to have a consultation with any lawyer first to know what’s favorable before committing to a lawyer?

Appropriate venue for a court case is the county in which either the plaintiff or defendant resides. It does not matter where your marriage was.

If the complaint you were served with is in either the county in which you reside or the county in which your spouse resides, then venue is appropriate and you would not have an argument to change venue.

Any lawyer licensed in North Carolina can take your case, but it is best to check to make sure any that you call regularly practice in the county in which the complaint you were served with was filed.

It is appropriate to research and consult with a couple of lawyers before you make a decision on who you feel comfortable to hire.

Keep in mind that you only have 33 days from the date you were served by certified mail to file an answer/response to the complaint. So you will not want to delay and miss this deadline.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.