Wednesday, March 18, 2020

Rule 5:7-1. Venue

Rule 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 and without a forum available
to dissolve the domestic partnership, venue shall be laid in the county in which the
Certificate of Domestic Partnership is filed. For purposes of this rule, for the dissolution of
a civil union created in New Jersey in which both parties are now non-residents and
without a forum available to dissolve the civil union, venue shall be laid in the county in
which the civil union was solemnized.

Note: Source-R. (1969) 4:76. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; Rule 5:7 caption amended and Rule 5:7-1 text amended July 21, 2011 to be effective September 1, 2011; amended July 28, 2017 to be effective September 1, 2017.

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