{"jurisdiction": "us-ny", "code": "cplr", "section": "515", "citation": "CPLR § 515", "heading": "Venue in matrimonial actions", "text": ["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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/515", "from_official_api": true, "plain_english": "- **(a)** Applies to divorce, supreme-court custody/visitation, modifications, annulment/nullity, distribution after a foreign divorce, and post-judgment proceedings.\n- **(b)** Venue is a county where **either party resides**, or (if minor children) where a **child resides** — **except** that if an address isn't public record or is under a **confidentiality order** (DRL § 254 / FCA § 154-b), the plaintiff may designate venue per **§ 509**. ★\n- **(c)** For **good cause shown**, the court may keep the trial even if venue wouldn't otherwise lie there; raise it by motion or order to show cause.\n\n---\n\n**★ Exam hits:**\n- **Default venue = residence of a party at commencement, OR where a substantial part of the events occurred, OR (no NY party) plaintiff's choice** (§ 503). A party can reside in **multiple** counties.\n- Special residents: **fiduciary** = county of appointment + actual residence; **corporation** = principal office (railroad/carrier also where cause arose); **assignee** = original assignor's residence.\n- **§ 511 deadlines: demand with/before the answer; motion within 15 days of the demand; plaintiff has 5 days to consent or 5 days to serve a contesting affidavit.**\n- **§ 513: the clerk MUST reject a misvenued consumer-credit summons**; on refiling, **service complete 10 days** after proper filing + mailed notice.\n- **§ 514: consumer-goods venue clauses are void.** Contrast **§ 501** (pre-suit venue contracts are enforced).\n- **NYC / NYC Transit venue** = the county within the city where the cause arose, else **New York County** (§§ 504, 505).\n- **Real property** → county where the property sits (§ 507). **Art. 78-type proceedings** against a judge → Appellate Division; against listed state agencies → **Supreme Court, Albany County** (§ 506).\n- On a venue change, the **clerk forthwith ships all papers + certified minutes to the new county's clerk** (§ 511(d)).\n\n\n---\n*Verbatim statute:* [[CPLR - Article 5]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/515", "publisher": "Elyphived LLC"}