How to Block a Motion to Transfer a Divorce Decree in Minnesota

Venue refers to the concept of where a civil action should take place.

The law refers to the issue of which Minnesota county is the appropriate forum for a divorce case as "venue." In Minnesota, civil cases--including divorce--venue lies in the county "where any defendant resides" or "where the cause of action arose." The law allows for a motion to change venue where the plaintiff filed in the wrong county; however, if the other party's motion shouldn't be granted, there exists a way to fight it.

Instructions

1. Review the law to determine whether you should prevail. Minnesota Statutes Section 542.09 sets forth the venue requirements for civil cases and who wins a motion to change venue depends on the facts of each case.

2. List your reasons for why the court should leave the divorce case in the county where you filed it. For example, even if you moved away from your home county and filed against the defendant somewhere far away, venue may be proper in your new county if the case involves a custody battle and the children have lived with you in the new county for several years. Also, if the defendant moved away from the county where you filed and now wants venue transferred, because of the Section 542.09 clause regarding venue lying in the county where any defendant resides, you can argue that venue should remain as is because it was proper when the action began.

3. Appear in court on the date and time listed in the notice of hearing. Make sure to dress properly (business attire is appropriate) and arrive before the judge begins calling the docket. Although the defendant may have filed a motion to change venue that should not be allowed under the rules, his motion can still succeed if you aren't there to fight it. When the judge calls the case, stand, identify yourself and inform the court you intend to contest the defendant's motion.

4. Listen to the defendant's argument as to why the court should transfer venue. Draw a line lengthwise down the center of your paper and make notes in the left-hand column. In the right column, scribble your response or observations. You can use these when your turn comes.

5. Set forth your reasons why venue should remain where it is. Begin with the reasons you listed before court, then segue into a dissection of the defendant's argument. Make sure you tell the court not only what you want it to do, but why it should listen to you rather than the other side.

6. Prepare an order for the judge's signature if you prevail and she asks you to do this. Go to the courthouse and ask to see copies of venue transfer orders entered in other cases and use them as a guide. After giving a copy of your proposed order to the other side, submit it to the judge for signature. Then, file the signed order with the clerk of court.

References

• Minnesota Statutes Sec. 542.01; Retrieved August 19, 2010.
• Minnesota Statutes Sec. 542.09; Retrieved August 19, 2010.
• Minnesota Statutes Sec. 542.10; Retrieved August 19, 2010.
• Minnesota Statutes Sec. 542.11; Retrieved August 19, 2010.