Rule 5:7-1.Venue
Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:7-1
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
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.
Plain-English Summary
Venue follows domicile, in order. First, the county where the plaintiff was domiciled when the cause of action arose. If the plaintiff was not then domiciled in New Jersey, the county where the defendant was. If neither was, the county where the plaintiff is domiciled when the action is commenced — and failing that, the county where the defendant is domiciled when process is served.
Two refinements follow. For a cruelty claim, the rule fixes when the cause of action arose: three months after the last act of cruelty complained of in the complaint. That matters because the whole sequence above turns on domicile at that moment.
The last two sentences solve a problem New Jersey created for itself by offering civil unions and domestic partnerships to people who then moved away. Where both parties are non-residents and no other forum is available to dissolve the relationship, venue lies in the county where the Certificate of Domestic Partnership was filed, or for a civil union created here, the county where it was solemnized.
Frequently Asked Questions
Where do I file for divorce in New Jersey?
In the county where you were domiciled when the cause of action arose. If you were not then domiciled in New Jersey, then where the defendant was; if neither was, where you are domiciled when the action is commenced; failing that, where the defendant is domiciled when process is served.
When does a cruelty cause of action arise for venue purposes?
Three months after the last act of cruelty complained of in the complaint.
We live out of state but our civil union was created in New Jersey — where do we file?
Where both parties are now non-residents and no forum is available to dissolve the civil union, venue is laid in the county in which the civil union was solemnized. For a domestic partnership, it is the county where the Certificate of Domestic Partnership is filed.