NJSBA Family Law Section

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  • 1.  CONSENT TO VACATE JOD?

    Posted 02-08-2016 02:48 PM

    Mates,

    My recently divorced client and his recent ex have decided they made a mistake. They want to "undo" the divorce that ended their 30+ year marriage!  Can they consent to vacate their JOD and then dismiss their pleadings? I cannot imagine any court being willing to re-list or re-open the matter? 

    TIA,

    ------------------------------
    Andrew Bestafka Esq.
    Freehold NJ
    (732)955-2050
    ------------------------------


  • 2.  RE: CONSENT TO VACATE JOD?

    Posted 02-08-2016 02:54 PM
      |   view attached

    While this is NOT a NJ matter, I saw a recent article online on a similar matter in the State of NH. Not helpful for your NJ matter, but I am going to make an assumption it will end up rather similar, post-FJD, in NJ.

     

    http://news.yahoo.com/couple-seeking-undo-divorce-turned-down-134537460.html?nf=1

     

     

    Thanks,


    Jason Flynn, Esq.
    Law Offices of Jason I. Flynn LLC

    85 Main Street – Suite 302
    Hackensack, New Jersey 07601
    (201) 880-6630 Office
    (201) 293-0445 Fax

    (201) 247-7667 Cell
    [email protected]

    www.jasonflynnlaw.com

     






  • 3.  RE: CONSENT TO VACATE JOD?

    Posted 02-08-2016 03:13 PM
    Andrew,  I think they have 2 paths - do a prenup to invalidate the MSA and agree that in the event of divorce the original marriage date is the date of marriage for all purposes and then remarry; or vacate the judgment adding language that the MSA is no longer incorporated into the JOD and then RE-AFFIRM the marriage with a prenup making sure they each agree that their marriage is not a new one, but the preexisting date.  One way or the other, I think they need to have an agreement subsequent to their MSA and either remarry or reaffirm.

    Deb
    =============================

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    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
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    Glen Rock NJ 07452
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  • 4.  RE: CONSENT TO VACATE JOD?

    Posted 02-08-2016 03:22 PM

    Andrew:

     

    I have never seen that. Most likely they have to re-marry. But perhaps you can try a Rule 4:50-1 application to vacate the judgment of divorce (although I don't think it applies).

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

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  • 5.  RE: CONSENT TO VACATE JOD?

    Posted 02-08-2016 08:26 PM
    When you are married you are married, when you are divorced you are divorced (notwithstanding any impediments to the contrary). My suggestion would be to remarry after they have a premarital agreement in place. I also suggest a collaborative process where they have the benefit of supportive professionals in the financial and mental health arenas to discuss them past and future in a non adversarial approach with privilege. 

    Anna-Maria Pittella
    Sent from my iPhone





  • 6.  RE: CONSENT TO VACATE JOD?

    Posted 02-09-2016 11:19 AM
    I had this come up with a sheriff's officer who was married and divorced three times from the same woman...On the last round, they were sure that getting their second divorce was an error and should never have happened. I submitted a consent order that vacated the judgment and nullified the PSA. The judge signed it, but I don't know how much thought was put into it and what would have happened had he balked.

    I would try a consent order vacating the judgment and see what happens from there.... no harm in trying.


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    David Perry Davis, Esq.
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