How to Change Divorce Venue from Wahkiakum County to Clark County

Why do couples file their divorce petitions in Wahkiakum County if they don’t live there?

How to change venue out of Wahkiakum County if both parties AGREE to change venue?

If you and your opposing party filed for divorce in Wahkiakum County, and you both are in agreement to change venue to Clark County, you will need to complete the following forms:

1. Motion for Change of Venue
2. Declaration in Support of Change of Venue
3. Order Changing Venue

You can find these forms and instructions on how to complete them here: https://www.co.wahkiakum.wa.us/DocumentCenter/View/1389/Change-of-Venue-Packet

After both parties sign the documents, you can mail them to the Wahkiakum County Clerk’s Office at PO Box 157, Cathlamet, WA, 98612. You will need to include payment for the various fees associated with an agreed Motion for Change of Venue. The fees are as follows:

• $20.00 Change of Venue fee – This fee is required for the Wahkiakum County Clerk’s Office to send your case file to the county where the case is being moved to.
• $30.00 Ex Parte fee – Required to present the agreed Order Changing Venue to the judge in Wahkiakum County, outside of a formal hearing, IF both parties are in agreement to changing venue.
• New County Filing Fee made payable to the clerk’s office in the county the case is being moved to. In Clark County, the family law case filing fee is currently $314.00. The Clark County Clerk’s Office does not accept personal checks. You may send a business check, call the clerk’s office with payment, or pay the fees by debit or credit card using this link, https://client.pointandpay.net/web/WahkiakumSCC. The Wahkiakum County Clerk’s Office will send the payment along with your case documents to Clark County. If you are changing venue to a different county, contact the clerk’s office in the county that the case is being moved to and ask what the required filing fee is and what form of payment they accept.

Once the court grants the Order Changing Venue, your case file will be sent to the Clark County Clerk’s Office, filed, and you will get a new case number specific to Clark County. At this point, you can file any motion or petition needed to enforce or modify your final orders. In our experience, however, the Clark County Clerk’s Office will not independently notify you that your case has been received and filed. You should keep in contact with the Wahkiakum County Clerk’s Office to determine when your case is mailed to Clark County, and you should keep in contact with the Clark County Clerk’s Office to determine when your case is actually received and filed there.

How to change venue out of Wahkiakum County if both parties DO NOT agree to change venue?

When neither party is in agreement to change venue, a court hearing must be scheduled. The party wishing to Change Venue must complete the following forms:

1. Motion for Change of Venue
2. Declaration in Support of Change of Venue
3. Proof of Mailing or Hand Delivery
4. Order Changing Venue
5. Notice of Hearing

You can find the additional forms – Proof of Mailing or Hand Delivery and Notice of Hearing – at the same link for forms provided above. When completing your Notice of Hearing, the Wahkiakum County Court Calendar can be found by clicking on ‘Superior Court’ under Departments on the Wahkiakum County Website, or by using this link: https://www.co.wahkiakum.wa.us/DocumentCenter/View/2600.

There is only one domestic (family law) docket per month, so be sure to pick a hearing date that is far enough out to allow for proper service of opposing party. The Wahkiakum County Local Court Rule #4 states: “The moving party shall file and serve all motions and supporting documents by noon, five days before scheduled proceedings”. If you have any questions about when to schedule your hearing, you can call the Wahkiakum County Clerk’s Office.

You must serve the opposing party a copy of all completed documents after you file. Although you can serve your opposing party via mail, I recommend serving them via personal service. This ensures your opposing party receives the documents, and they cannot later contest whether service was actually completed. If you opt for personal service, any person – other than you – who is 18 years of age or older can serve your opposing party. That person should complete form FL ALL FAMILY 101 – Proof of Personal Service, once they have served the documents on your opposing party. You must file that form with the Wahkiakum County Clerk’s Office before the date of your hearing. That form can be found here: https://www.courts.wa.gov/forms/documents/FL%20All%20Family%20101%20Proof%20of%20Personal%20Service_2020%2006.pdf

There are also many options online for professional process servers who will serve the party and send you a Proof of Service document that you must file with the Wahkiakum County Clerk’s Office before the date of your hearing. If you and your opposing party live in Clark County, one of my favorite process servers is Xpress Legal Support. They always do a fantastic job.

You can opt to file your documents electronically instead of mailing them in. If you choose to file your documents electronically, you can email them to this address: superiorcourt@co.wahkiakum.wa.us. There is a filing fee of 50 cents per page. You may make that payment after you submit your documents, using this link: https://client.pointandpay.net/web/WahkiakumSCC.

If you would like to request to appear for your scheduled hearing via Zoom, there is a required fee of $25.00 for each scheduled Court Hearing. Each party must pay for their separate Zoom attendance. You must complete the Domestic Request to Appear Remotely and email it to: superiorcourt@co.wahkiakum.wa.us. You can also submit this request along with all the rest of your pleadings when you file. Once your Zoom appearance request has been received and approved, you will be sent the Zoom Meeting Information. Only active parties on a case may appear via Zoom. At the time of your hearing, you will wait in a virtual waiting room until you are let in to the hearing. You may be in the waiting room for as long as an hour as there are several hearings scheduled on each docket. Your behavior during your hearing is the same as is expected for an in-person courtroom hearing. Standard court room etiquette applies, meaning dress and act appropriately, and keep your video and microphone off until your case is called.

Once the court grants your Order to Change Venue, send the Wahkiakum County Clerk’s Office all required change of venue fees. The fees include the $20.00 Change of Venue fee listed above, as well as the New County Filing Fee. Again, if you are moving your case to Clark County, the fee is $314.00. It can take up to two weeks for the exchange of documents between the counties to take place. You will need to call the Clark County Clerk’s office and request your new case number once they file your case documents.

Consult a Divorce Attorney in Clark County, Washington