NJSBA Family Law Section

Hi all, Does anyone have a suggestion on how to convert a Judgment for Separate Maintenance into a Final Judgment of Divorce?  My client filed a pro se motion seeking to convert the judgement but the judge ruled that the client had presented insufficient evidence which would warrant him granting a Final Judgment of Divorce. The logic was that unlike a Divorce from Bed & Board, the Judgement for Separate Maintenance only established the client's financial obligations to Wife so the scope of the Judgement is narrower than a Divorce from Bed & Board.   Since the parties are technically still married, I am wondering if I should file a motion to convert the judgement and ask for an uncontested divorce date so that the client can establish a cause of action for divorce.

Any thoughts and/or recommendations would be greatly appreciated!

Christine Dolan
Senior Litigation Attorney
Cordell & Cordell - Mt. Laurel
701 East Gate Drive, Suite 310, Mt. Laurel, NJ 08054

Direct (856) 291-5802 | Mobile (856) 899-9258 | Fax (856) 295-7019
Email [email protected]

CordellCordell.com | DadsDivorce.com | MensDivorce.com | MensRights.com



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Christine, I don't think an FD maintenance order can be converted. It may be useful as evidence for support if it comes to a default hearing. Hopefully someone with more experience can chime in, but I think you have to file your complaint from scratch.

Tom King

Thomas R. King, Esq

O: 973-750-8348 Fax: 888-576-8997
www.njfamily.law - www.njdivorce.law

45 Broadway, 2^nd floor, Denville NJ 07834

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Sorry if I was not clear-this was entered under an FM docket.

Thank you!

Christine Dolan
Senior Litigation Attorney
Cordell & Cordell - Mt. Laurel
701 East Gate Drive, Suite 310, Mt. Laurel, NJ 08054

Direct (856) 291-5802 | Mobile (856) 899-9258 | Fax (856) 295-7019
Email [email protected]

CordellCordell.com | DadsDivorce.com | MensDivorce.com | MensRights.com



Please consider the environment before printing

Confidentiality Note:  This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call Cordell & Cordell, P.C. at 1-866DADSLAW and destroy the original message and all copies. Be advised that transmitting information by email has a number of risks that you should consider before using email. Email is not necessarily secure and therefore may not be confidential. There are many risks associated with communication via email. Email can be circulated, forwarded, stored electronically and on paper, and broadcast to unintended recipients. Furthermore, there is a risk that someone specifically interested in the matter could intercept the message. If you no longer wish to receive communications via email please advise our offices.

You need to file a complaint for divorce.

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]

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