Bill Text: NY S05736 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to venue in matrimonial actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05736 Detail]

Download: New_York-2017-S05736-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5736--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 27, 2017
                                       ___________
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed  to the Committee on Judiciary -- recommitted to the Commit-
          tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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 Assem-
        bly, do enact as follows:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  rule 514 to read as follows:
     3    Rule 514. Venue in matrimonial actions. (a) This rule applies  to  all
     4  actions  wherein  all  or  part  of  the  relief granted is divorce, all
     5  actions brought in supreme court for custody or visitation, all applica-
     6  tions to modify a supreme court order  of  custody  or  visitation,  all
     7  actions  wherein  all  or part of the relief granted is the dissolution,
     8  annulment or declaration of the nullity of a marriage,  all  proceedings
     9  to  obtain  a distribution of marital property following a foreign judg-
    10  ment of divorce, and all post-judgment proceedings following a judgement
    11  of divorce.
    12    (b) Notwithstanding anything to the  contrary  in  this  article,  the
    13  place  of  trial  in  an  action subject to subdivision (a) of this rule
    14  shall be in a county in which either party  resides  or,  if  there  are
    15  minor  children  of the marriage, in the county where one of the parties
    16  or a child or children of the marriage resides; except  that  where  the
    17  address  of  either  party and any child or children are not a matter of
    18  public record, or where any such  address  is  subject  to  an  existing
    19  confidentiality  order pursuant to section two hundred fifty-four of the
    20  domestic relations law or section one hundred fifty-four-b of the family
    21  court act, the place of trial designated by the plaintiff in any  action
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09911-05-8
        S. 5736--A                          2
     1  specified in subdivision (a) of this rule may be as specified in section
     2  five hundred nine of this article.
     3    (c) In any action specified in subdivision (a) of this rule, the court
     4  may,  for  good  cause  shown,  allow  the  trial  to proceed before it,
     5  notwithstanding that venue would not lie pursuant to subdivision (b)  of
     6  this  rule.  Good cause applications shall be made by motion or order to
     7  show cause.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law and shall apply to matrimonial actions commenced on or
    10  after such effective date.