§ 397.5.Transfer of Dissolution of Marriage Or Legal Separation Proceedings to County of Residence of Either Party

Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 1. Place of Trial · Last amended 2025 · Last verified July 28, 2026

In one sentence§ 397.5 lets a family court transfer a dissolution or legal-separation case to either party's new county once both petitioner and respondent have moved away from the county that issued the original order, while routing motions tied to a concurrent child-support-agency case to the court handling that separate proceeding.

Full Text of § 397.5

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In any proceeding under the Family Code where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be transferred to the county of residence of either party. In any proceeding in which there is a concurrent action or proceeding under Division 17 (commencing with Section 17000) of the Family Code involving the local child support agency, the court may transfer venue under this section for any action or proceeding not subject to Division 17 (commencing with Section 17000) of the Family Code, but shall redirect any motion pursuant to this section to the court of competent jurisdiction under Section 4251 of the Family Code for change of venue in those actions and proceedings subject to Division 17 (commencing with Section 17000) of the Family Code. The decision on any motion redirected pursuant to the preceding sentence shall apply only to the action or proceeding under Division 17 (commencing with Section 17000) of the Family Code and shall be at the sole discretion of the court of competent jurisdiction hearing the action or proceeding pursuant to Section 4251 of the Family Code.

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Plain-English Summary

Family Code proceedings sometimes outlast the parties' ties to the county where they began. § 397.5 lets the court transfer a case to either party's county of residence once both the petitioner and the respondent have moved away from the county that rendered the original order, so long as the ends of justice and the parties' convenience favor the change.

Where a concurrent child-support-agency action is also pending under Family Code Division 17, any transfer motion touching that separate action is redirected to the court with jurisdiction over it, and decided there independently, at that court's discretion.

Frequently Asked Questions

Can I move my divorce case if both of us have left the original county?

Yes -- the court may transfer the case to either party's county of residence when that serves the ends of justice and the convenience of the parties.

What if there's also a child-support agency case pending?

Any transfer motion touching that separate Family Code action is redirected to the court with jurisdiction over it, and decided independently.

Amendment History

Amended by Stats 2024 ch 853 (AB 3281),s 18, eff. 1/1/2025. Amended by Stats. 1994, Ch. 1269, Sec. 2.6. Effective January 1, 1995.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: move divorce case to another county californiatransfer family law case california