NJSBA Family Law Section

My client/Wife has been separated from H for 3 years.  She filed her first CP for divorce, which was dismissed for failure to prosecute, in the county where the marital home was located.  They sold the marital home since then, some time ago, and both are living in counties other than where the marital home was located.  It would not be convenient for either to file the matter in that county.  However, that's where the cause of action arose - and my client already asserted that in the first CP.  Is there another rule that is more accommodating or am I missing something?  TIA for any help.

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed.

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed.

Why can't the cause of action for the new divorce complaint arise in the new county?  If it's based on ID grounds,  then grounds that arose "more than six months" before the date of the new filing is - where she's living now.

Will H likely contest venue??  That's pretty rare.

In the Complaint, I would include the dismissed case in the disclosure of previous Family Part cases.

Hanan

-------------------------------------------
Hanan Isaacs Esq.
Kingston NJ
(609)683-7400


Original Message:
Sent: 06-17-2013 15:58
From: Mary Jane Leland
Subject: venue

My client/Wife has been separated from H for 3 years.  She filed her first CP for divorce, which was dismissed for failure to prosecute, in the county where the marital home was located.  They sold the marital home since then, some time ago, and both are living in counties other than where the marital home was located.  It would not be convenient for either to file the matter in that county.  However, that's where the cause of action arose - and my client already asserted that in the first CP.  Is there another rule that is more accommodating or am I missing something?  TIA for any help.

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed.

Why can't the cause of action for the new divorce complaint arise in the new county?  If it's based on ID grounds,  then grounds that arose "more than six months" before the date of the new filing is - where she's living now.

Will H likely contest venue??  That's pretty rare.

In the Complaint, I would include the dismissed case in the disclosure of previous Family Part cases.

Hanan

-------------------------------------------
Hanan Isaacs Esq.
Kingston NJ
(609)683-7400


Original Message:
Sent: 06-17-2013 15:58
From: Mary Jane Leland
Subject: venue

My client/Wife has been separated from H for 3 years.  She filed her first CP for divorce, which was dismissed for failure to prosecute, in the county where the marital home was located.  They sold the marital home since then, some time ago, and both are living in counties other than where the marital home was located.  It would not be convenient for either to file the matter in that county.  However, that's where the cause of action arose - and my client already asserted that in the first CP.  Is there another rule that is more accommodating or am I missing something?  TIA for any help.

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed.