Venue and jurisdiction may strike you as about as interesting as
watching paint dry. However, knowing what they mean may help you
understand the divorce process a little better. The more information you
have, the more control you will have over your own divorce case.
Jurisdiction addresses the court's authority to rule on certain matters. This power can result from the court's location. Each judge has a certain county or area in which she has authority. Any dispute that fits what the legislature has mandated as the job of that court would come before that judge unless there is a change of venue. Any court in the state that has been given the same authority can rule on any case in the state that is similar.
Jurisdiction also speaks to the cases the state's legislature has assigned to that kind of court. This is to say that your local small claims court may not have the authority to hear your divorce, but does have the power to "adjudicate" or rule on traffic offenses. In addition, the authority of a judge to rule in a particular matter may be determined by the existence of certain conditions. For instance, a judge does not have the jurisdiction to grant a divorce before his state's cooling off period has elapsed.
In many instances, a court's jurisdiction overlaps. This means that several courts in the same county can have the same level of authority. In these situations, the judges may divide up the kinds of cases they will hear among themselves. Thus, although the juvenile court judge may have the legislative power to handle divorces, the cases she presides over may be limited to those matters involving children. In the same county, there may be a judge whose job is strictly managing divorce cases. If you are handling your own divorce, your court's clerk will be able to tell you where you will need to file your petition.
Venue is a simpler concept. It has more to do with the convenience of the parties than a given court's legislative authority. The idea is that a person shouldn't have to defend his interests in a court that is across the state from where he, or the opposing party has any connection, even if the judge in question has the appropriate power to hear the case. If you file in the wrong county, your ex could have the right to make you bring the case to the appropriate county at your expense.
You can ask that your case be "venue" away from the judge who normally hears divorces if you are not confident that he will give you a fair hearing. Several alternative judges will be offered, and you will have to strike or eliminate one. Next, your ex will choose one to eliminate, and the one remaining will sit on your case.
Jurisdiction addresses the court's authority to rule on certain matters. This power can result from the court's location. Each judge has a certain county or area in which she has authority. Any dispute that fits what the legislature has mandated as the job of that court would come before that judge unless there is a change of venue. Any court in the state that has been given the same authority can rule on any case in the state that is similar.
Jurisdiction also speaks to the cases the state's legislature has assigned to that kind of court. This is to say that your local small claims court may not have the authority to hear your divorce, but does have the power to "adjudicate" or rule on traffic offenses. In addition, the authority of a judge to rule in a particular matter may be determined by the existence of certain conditions. For instance, a judge does not have the jurisdiction to grant a divorce before his state's cooling off period has elapsed.
In many instances, a court's jurisdiction overlaps. This means that several courts in the same county can have the same level of authority. In these situations, the judges may divide up the kinds of cases they will hear among themselves. Thus, although the juvenile court judge may have the legislative power to handle divorces, the cases she presides over may be limited to those matters involving children. In the same county, there may be a judge whose job is strictly managing divorce cases. If you are handling your own divorce, your court's clerk will be able to tell you where you will need to file your petition.
Venue is a simpler concept. It has more to do with the convenience of the parties than a given court's legislative authority. The idea is that a person shouldn't have to defend his interests in a court that is across the state from where he, or the opposing party has any connection, even if the judge in question has the appropriate power to hear the case. If you file in the wrong county, your ex could have the right to make you bring the case to the appropriate county at your expense.
You can ask that your case be "venue" away from the judge who normally hears divorces if you are not confident that he will give you a fair hearing. Several alternative judges will be offered, and you will have to strike or eliminate one. Next, your ex will choose one to eliminate, and the one remaining will sit on your case.
Are you feeling stranded on a dessert island surrounded by paper
and processes you don't understand? Most divorces are hard enough
without the confusion. I'll rescue you and get you back to solid land by
explaining divorce in clear language that won't bog you down with a
bunch of confusing jargon. Visit me at:
http://www.yourlawlady.com
Or ask me questions at:
AskYourLawLady@YourLawLady.com
http://www.yourlawlady.com
Or ask me questions at:
AskYourLawLady@YourLawLady.com
