Can I switch my trial court to one in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Kelly H. in Sussex, WI

Question Details:

My husband and I filed for divorce in Idaho. However, recently I moved back to my parents’ house in Wisconsin. My husband and I met in school at Wyoming. I want to file this case in Wisconsin. Will this be allowed?

Family Law Attorney Response:

It is possible to have the venue switched, however there must be personal jurisdiction over both parties to make it fair.

In the case Davanis v. Davanis 132 Wis.2d 318, 392 N.W.2d 108 (Ct. App. 1986), a mother moved from California to Wisconsin and attempted to switch the location venue. The court did not allow this, as Wisconsin did not have personal jurisdiction over the father. A party is not allowed to just switch courts by moving, Personal jurisdiction exists and is dependent upon the presence of reasonable notice to the defendant that an action has brought and a significant connection between the defendant and forum state as to make it fair to require defense of the action in the forum. Due process requires that the defendant have minimum contacts with the forum state to show fair play and substantial justice.

Give me call so we can discuss any possible links for personal jurisdiction that would allow you to have this case in Wisconsin.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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