Matrimonial Actions - Jurisdiction & Venue of NY Courts Flashcards
1
Q
Who has subject matter jurisdiction over marital actions?
A
- The Supreme Court
- BUTit may refer issues to the Family Ct:
- support
- custody
- visitation
2
Q
What is required for residency?
A
- residence by one pty for 1 yr immediately proceeding the action, establishd by:
- ptys were married in NY
- ptys lived as a married couple in NY
- the cause for divorceoccurred in NY
- otherwise 2 years of continuous residence is required
3
Q
How is the durational requirement satisfied?
A
- Continuous physical presence alone satisfies the durational requirements.
4
Q
Where is the proper venue for the marital action?
A
- in the county where one of the ptys residence at commencement of the action
5
Q
What rights over the marital action is given based on NY Dom Rel Law 230?
A
