If you are just starting the divorce process, you may hear your lawyer, or the court, mention something called venue. Venue is simply which county your case should be filed in within Kentucky.
In Kentucky, the law says that a divorce case should be filed in the county where either spouse usually resides. The statute helps guide courts and family on where a case should begin. If you live in Jefferson County and your spouse lives in Oldham County, the case could be filed in either place. If you both still live in the same county, then that is where the case would typically be filed.
Venue matters because once the case is filed, all court hearings, motions, and filings will go through that county’s family or circuit court. Sometimes people file in different counties around the same time, especially if both spouses are planning to move forward with divorce. In that case, the court that received the first filing will usually keep the case, unless there is a reason to move it, such as if one county is clearly more appropriate or convenient for everyone involved.
If there is a concern about whether the case was filed in the right venue, the court can look at that early in the process. Occasionally one or both parties will move out of the county and the litigation will be ongoing. Typically, the more your case has progressed, the more difficult it may be to change venue without a very compelling reason. Courts often prefer to keep the case in one place because the judge becomes familiar with the facts and circumstances of your family. The court gets to know your family and adheres to the “One Family, One Judge, One Court” approach. Either party can always file a motion to change venue, but it may not be granted.
You may want to speak with your attorney about venue if you believe it is incorrect or needs to change. Understanding how venue works can help you make informed decisions as your case moves forward.