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Old 07.12.2017, 15:55
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change of Kanton while separating / moving the court case

My ex and I live in ZH and I am moving to Geneva in January.

We have a long-running case in the court in Zurich for the legal separation (Gutertrennung). It is complicated because we have children and we both have some assets and income outside Switzerland and it could continue for another 12 months. We already visited the judge two times and it never seems to finish.

After I move to Geneva, can I ask for the case to be moved to the court in Geneva? It is my ex who initiated the case in court so I think that makes me the defendant and I heard court cases are supposed to be conducted where the defendant lives.
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Old 07.12.2017, 17:11
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Re: change of Kanton while separating / moving the court case

I think you should ask this in your other thread

https://www.englishforum.ch/family-m...rocedures.html
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Old 07.12.2017, 17:24
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Re: change of Kanton while separating / moving the court case

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I think you should ask this in your other thread

https://www.englishforum.ch/family-m...rocedures.html
This is a very distinct question and maybe the answer isn't specific to family law cases so I created a separate thread for it, hopefully people will be able to find this answer more quickly when they search for it in future. Has anybody else been a defendant in any type of case in Switzerland and changed canton like this?
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Old 07.12.2017, 17:37
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Re: change of Kanton while separating / moving the court case

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My ex and I live in ZH and I am moving to Geneva in January.

We have a long-running case in the court in Zurich for the legal separation (Gutertrennung). It is complicated because we have children and we both have some assets and income outside Switzerland and it could continue for another 12 months. We already visited the judge two times and it never seems to finish.

After I move to Geneva, can I ask for the case to be moved to the court in Geneva? It is my ex who initiated the case in court so I think that makes me the defendant and I heard court cases are supposed to be conducted where the defendant lives.
There is no reason to move this to Geneva unless your wife agrees, which I doubt? It will all be in French all of a sudden?

As in Switzerland there is no guilty part in a divorce, there is no defendant either
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Old 07.12.2017, 17:44
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Re: change of Kanton while separating / moving the court case

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This is a very distinct question and maybe the answer isn't specific to family law cases so I created a separate thread for it, hopefully people will be able to find this answer more quickly when they search for it in future. Has anybody else been a defendant in any type of case in Switzerland and changed canton like this?
Even if you managed to get this moved to Geneva then the chances are you would have to pay your ex travel expenses etc ...

I think if I was to go to court anywhere in Switzerland it would not be Geneva
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Old 07.12.2017, 18:13
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Re: change of Kanton while separating / moving the court case

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My ex and I live in ZH and I am moving to Geneva in January.

We have a long-running case in the court in Zurich for the legal separation (Gutertrennung). It is complicated because we have children and we both have some assets and income outside Switzerland and it could continue for another 12 months. We already visited the judge two times and it never seems to finish.

After I move to Geneva, can I ask for the case to be moved to the court in Geneva? It is my ex who initiated the case in court so I think that makes me the defendant and I heard court cases are supposed to be conducted where the defendant lives.
This says:

Which court has jurisdiction?

"You live in Switzerland

Contact the competent court in your or your partnerís place of residence. The courts are organised differently from canton to canton. Ask your cantonís judicial authority or a lawyer if you are not sure which court to contact.

Note: If both of you consent to a divorce, you can only file for divorce in the place where you live if you have lived in Switzerland for at least one year. Otherwise, the petition for divorce must be submitted in the place where your spouse lives."

https://www.ch.ch/en/divorce-procedure/

Since the petition has already been filed I doubt you'd be able to get it moved.
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