Waiver of objection to improper venue by filing noncompulsory counterclaims Defendant husband/father waived his objection to improper venue by filing noncompulsory counterclaims after he filed an objection to venue but before the trial court ruled on his motion to change venue. The plaintiff mother filed a complaint in Wake County seeking child support, PSS and alimony, equitable distribution, and asking to set aside a premarital agreement. Defendant father filed a timely objection to venue, arguing that mother and child lived in Wayne County and father lived in Johnston County. 

The defendant scheduled a hearing on his motion to change venue. One month after filing his objection to venue but before the hearing on his motion, defendant father filed an answer and other motions, as well as counterclaims for equitable distribution and custody. The trial court determined that father waived his objection to venue by filing the noncompulsory 4 counterclaims, and the court of appeals agreed, with a dissent by Dillon. 



According to the majority opinion, objection to improper venue can be waived either by failing to raise a timely objection to venue or by participating in the litigation even after raising an objection. By asserting claims as counterclaims that were not compulsory counterclaims but could have been asserted in another way (by separate action or by motion in the cause in another proceeding), defendant father waived his objection to improper venue.