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.

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