What's happening
This bill establishes specific venue rules for matrimonial actions, including divorce and custody, prioritizing counties where parties or children reside.
Why it matters
Clarifies where divorce, custody, and related matrimonial cases can be filed. , ensuring that such actions are generally brought in a county where one of the parties or their children lives. This aims to make court proceedings more accessible and relevant to the people involved.
Addresses privacy and safety concerns. by allowing exceptions to the venue rule when a party’s or child’s address is confidential or subject to a court order protecting their location. This provision is important for survivors of domestic violence and others needing address confidentiality.
Gives courts flexibility to override venue rules for “good cause”. , allowing judges to keep cases in a particular court if there are compelling reasons. This could accommodate unique circumstances or prevent hardship for the parties.
Standardizes venue rules for a broad range of matrimonial matters. , including post-divorce property disputes and modifications of custody or visitation, reducing confusion and promoting consistency in where such cases can be initiated.
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Who cares
Headline styles
Set Divorce Court Locations
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History
- Referred to codes
- Reported referred to codes
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7517
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
Introduced by M. of A. DINOWITZ -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to venue in matrimonial actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 509 of the civil practice law and rules, as amended by chapter 773 of the laws of 1965, is amended to read as follows:
§ 509. Venue in county designated. Notwithstanding any provision of this article except for rule 514, the place of trial of an action shall be in the county designated by the plaintiff, unless the place of trial is changed to another county by order upon motion, or by consent as provided in subdivision (b) of rule 511 of this article.
§ 2. The civil practice law and rules is amended by adding a new rule 514 to read as follows:
Rule 514. Venue in matrimonial actions. (a) This rule applies to all actions wherein all or part of the relief granted is divorce, all actions brought in supreme court for custody or visitation, all applications to modify a supreme court order of custody or visitation, all actions wherein all or part of the relief granted is the dissolution, annulment or declaration of the nullity of a marriage, all proceedings to obtain a distribution of marital property following a foreign judgment of divorce, and all post-judgment proceedings following a judgment of divorce.
(b) Notwithstanding anything to the contrary in this article, the place of trial in an action subject to subdivision (a) of this rule shall be in a county in which either party resides or, if there are minor children of the marriage, the place of trial may also be in the county where one of such children resides; except that where any of the addresses of these residences is not a matter of public record, or where
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10156-01-9
A. 7517 2
any of these addresses is subject to an existing confidentiality order pursuant to section 254 of the domestic relations law or section 154-b of the family court act, the place of trial designated by the plaintiff in any action specified in subdivision (a) of this rule may be as specified in section 509 of this article.
(c) In any action specified in subdivision (a) of this rule, the court may, for good cause shown, allow the trial to proceed before it, notwithstanding that venue would not lie pursuant to subdivision (b) of this rule. Good cause applications shall be made by motion or order to show cause.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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