When You Can Object to Improper Venue

Interesting post this morning on Alabama Divorce Questions from a soldier who has already answered and begun the process of discovery for her divorce and now wants to change venue to another county. She’s probably out of luck.

Alabama courts have ruled that litigants can waive improper venue, so the case can proceed even if it’s in the “wrong” county. Ex parte AAMCO Transmissions, Inc. 897 So. 2d 285 (Ala. 2004). So when the soldier filed an answer without objecting to jurisdiction or to venue, she effectively said to the court, “I hereby waive any objection I might have that this court is the wrong one to hear this case.” By doing so, she became subject to the venue of the court and cannot now complain that the venue is incorrect.

One comment

  1. SGTCAT says:

    Dear Lee,

    Thank for your answer. However, it cant be that cut and dried. There has to be some way I can get the venue changed. Please Lee, put on your thinking hat and help me out. I feel the court there in some it the rulings is partial to my ex. Can I raise this fact to the court. I am a soldier and have done nothing wrong. My husband ended our marriage because he had a little something on the side. Now I am paying the price. This isn’t fair. Why is a divorce being shoveled down my throat. I read somewhere that we should have not have had sex for 30 days before he could file this, we did not . What is that statute of law. Helpme. How can I stop this divorce, even temporarily?

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