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This entry was published on 2024-12-27
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SECTION 515
Venue in matrimonial actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 5
* Rule 515. 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
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.

* NB Effective February 19, 2025