Divorce in Washington State. If a couple lives in one county and the spouse leaves the other and fiiles in another county and a motion if made to move the case to the county where they actually lived and the motion is denied, is there a possibility of an appeal to a higher court? If not and if a final determination on porperty division etc. is made by the judge, is there a way to appeal?? help!!!
2007-01-16 21:59:50 · 2 answers · asked by stu 1 in Family & Relationships ➔ Marriage & Divorce
Your question is HIGHLY technical and really requires the attention of an experienced Washington State family law attorney. What I can tell you is what is possible in other states. Generally a motion to change venue is not appealable and even if it was it would be difficult to make a good enough case to have an appeals court change the decision of the trial court. There are very few issues that can be appealed in the middle of a case. However, if at the end of the case the property division seems unjust you can appeal to the court of appeals. Property divisions can be complicated depending on the circumstances and appeallate courts will sometimes change the trial courts division of property/alimony/etc.
Good luck.
2007-01-17 03:23:39 · answer #1 · answered by CV 3 · 0⤊ 0⤋
Youre kind of out of luck in both cases. In a divorce case, it is really hard to get a change of venue unless you have some kind of dead or alive situation and you can convince the judge thats its in your extremely best interest. Once a divorce is awarded, it is extremely hard to overturn the verdict, as this is not a criminal case, even though it may seem as one. There are two areas in which you can petition the court for a remodification hearing; child custody and support issues, after the divorce is deemed final. This is one of the reasons a divorcing couple should either by themselves settle the details or use mediation before letting a judge decide the details. These, like yours, unfortunately never have a happy ending and you just have to live with it. Then divorces are nt/werent meant to be a happy occasion. Soory and good luck
2007-01-17 06:11:17 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋