Family Law

Where will my case be?

There are two issues surrounding where a case will be filed - jurisdiction and venue. There is a course in law school dedicated almost entirely to these issues (civil procedure), so unfortunately I can't give a comprehensive answer to the question that suits every situation. The general rule is that cases must be filed in the state and county where the person you're filing against lives, but divorce and family law have more exceptions to that rule than probably any other area of law. 

The house is in my spouse's name, not mine. Am I in trouble here?

Often a house may be in only one person's name instead of both. If so, know that how the house is titled is not controlling in a divorce. Regardless of how the house is titled, it will be handled the same way in the divorce, and just like everything else - as a division of marital property. 

Will I have to go to court?

If you have a case where you and your ex can't agree on all of the issues presented, you'll have to go to court. If you're able to agree on all the issues, you most likely won't. 

Going to court - especially for the first time - can be an intimidating thought. But really, it's probably not what you're thinking.