Position Statement – 2024

S.9733 (Hoylman-Sigal)/A.10353 (Dinowitz)

Support

The Women’s Bar Association of the State of New York (“WBASNY”) strongly supports S.9733/A.10353 (Hoylman-Sigal/Dinowitz), legislation that would amend the CPLR by adding a new venue provision in matrimonial actions. This legislation adds a new rule, Rule 515, that would require that a matrimonial action be brought in a county in which either party resides or, if there are minor children of the marriage, in the county where any of the children reside. Additional provisions provide that where safety concerns exist, the address can be kept confidential.

This proposed legislation is limited to matrimonial actions and provides benefits to all New Yorkers. These benefits include aiding survivors of domestic violence by impeding the ability of abusers and bad faith litigants to use the venue of a case as a bullying tactic, speeding up the processing of divorce cases in counties overburdened by non-resident filings, preventing plaintiffs from designating venue in counties where none of the parties or their children reside, and distributing judicial resources more equitably. Furthermore, it allows the Court to retain discretion for good cause shown to enable the matter to proceed in an otherwise improper venue where a party’s residence is not a matter of public record or is subject to a confidentiality order.

WBASNY strongly supports S.9733/A.10353 (Hoylman-Sigal/Dinowitz) and urges its enactment into law.