When going through a divorce in Indiana, you might find yourself in a situation where you want to change either the county where your case is being heard or the judge presiding over your case. This process, known as “change of venue” for changing counties or “change of judge” for switching judges, is possible but not always straightforward. This blog will explore how these processes work in Indiana.
To change counties there must be grounds for the change of venue. In Indiana, you can request a change of venue for the following reasons: incorrect county (venue); inconvenient forum; or inability to receive a fair trial in the current county. The request to change venue must be made within specific timeframes. For an incorrect venue, you can request a change of venue at any time before filing a responsive pleading. For other reasons to change venue, you can request a change of venue within ten (10) days of the issues being joined (typically when the respondent files an answer).
To change venue, you will need to file a verified motion stating the grounds for the change. Upon filing the verified motion, the other party has ten (10) days to object. If the verified motion for change of venue is granted, both parties have seven (7) days to agree on a new county. If there is no agreement, the court will select from contiguous counties. While all cases are different, you are generally allowed only one change of venue per case.
Indiana allows for one automatic change of judge without stating a reason, known as a “peremptory challenge.” Similar to a change of venue, a change of judge must be filed within specific timeframes. In most cases, the request must be filed within thirty (30) days of the initial filing or thirty (30) days after the responding party enters an appearance. In post-decree matters, the request must be filed within thirty (30) days of the judge’s assumption of jurisdiction. A panel of judges is typically nominated, from which the parties select.
After the automatic change is used or the time has passed, you can still request a change of judge “for cause” if you believe the judge cannot be impartial. A request for a change of judge “for cause” requires filing a verified motion stating specific reasons and demonstrating actual bias or prejudice. There is only one automatic change of judge allowed per case and changes for cause are granted at the court’s discretion.
There are some strategic considerations for these types of requests. Consider carefully when to use your automatic change, as you only get one. Before requesting a change, research potential replacement judges to ensure you are not moving to a less favorable situation. Be aware that local county rules may affect the process. Always check local rules in addition to state laws. In issues arising after the divorce is final, you may have new opportunities to request a change of judge. If both parties agree to a change of just, the court is more likely to grant the request.
While these requests can be advantageous, there are still drawbacks that can affect your case. Changing venue or judge can significantly delay your Indiana divorce. Additional legal fees may be incurred in the process. Judges might view frequent or frivolous requests unfavorably. Remember, the goal is to ensure a fair process, not to shop for a favorable outcome. Judges are presumed to be impartial, and demonstrating otherwise can be challenging. In most cases, focusing on presenting your case effectively within the current venue and before the assigned judge is the most productive approach.
While Indiana law provides mechanisms for changing the county or judge in a divorce case, these should be used judiciously. Consider your reasons carefully and consult with an experienced family law attorney before proceeding. If you believe a change is necessary, act promptly and follow the proper procedures to preserve your rights. With careful consideration and proper legal guidance, you can navigate these processes effectively to ensure your divorce proceedings are as fair and efficient as possible. The attorneys at Ciyou & Associates, P.C. have ample experience with change of venue or judge in family law matters in the state of Indiana. We are here to help. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
