NJSBA Family Law Section

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  • 1.  Jurisdiction

    Posted 07-24-2013 08:55 AM
    I have a client who was never married (no  children) and has separated from his significant other. They have a Settlement Agreement and Release containing disposition of property.  Now my client needs to enforce the Agreement. No action has ever been filed previously. Does this get filed in family as a "palimony" case or in civil? Appreciate your thoughts.

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    Nancy Feinberg Esq.
    South Orange NJ
    (973) 378-8886

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  • 2.  RE:Jurisdiction

    Posted 07-24-2013 09:01 AM
    Sounds like a family part palimony action, since you look as though the S/F issue has been met, albeit "nunc pro tunc," in the retrospective ratification sense. Just my thoughts; not absolutely certain; but it will be handled most appropriately in family part.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 3.  RE:Jurisdiction

    Posted 07-24-2013 11:46 AM

    New Jersey Rule 5:1-2. Actions Cognizable

    The following actions shall be cognizable in the Family Part:

    (a) Civil Family Actions Generally. All civil actions in which the principal claim is unique to and arises out of a family or family-type relationship shall be brought in the Family Part. Such actions shall include all actions and proceedings provided for in Chapters II and III of Part V; all civil actions and proceedings formerly designated as matrimonial actions; all civil actions and proceedings formerly cognizable in the Juvenile and Domestic Relations Court; and all other civil actions and proceedings unique to and arising out of a family or a family-type relationship.

    Charles Abut Esq.
    Hackensack NJ
    (201)342-0404



    Original Message