Miller v. Miller

ARNOLD, Judge.

The proper venue in a divorce action is the county in which either the husband or the wife resides. N.C.G.S. §§ 50-3, 1-82. Here, the action was filed in Forsyth County, but both husband and wife were residents of Guilford County. However, venue is not jurisdictional, but is only ground for removal to the proper county upon a timely objection made in the proper manner. Farmers Cooperative Exchange, Inc. v. Trull, 255 N.C. 202, 120 S.E. 2d 438 (1961); 13 Strong’s N.C. Index 3d, Venue, § 1, p. 269. The place of trial may, of course, be changed whenever: “the county designated for…