NJSBA Family Law Section

Original Message------

Hi All!  I have a Divorce matter that is going on its 4th (non-consecutive) day of trial  primarily on the issues of Alimony(co-hab)/ED.  On day 3 of trial, an agreement was negotiated and placed on the record.  A few weeks later, counsel and I could not finalize the written agreement (due to a minor counsel fee issue).  

Has anyone had this situation and filed a motion to enforce an oral settlement agreement placed on the record but not memorialized, and while trial is pending?  

There are a number of issues/concerns, not the least of which is:  the Trial Judge would have to re-assign the matter if we lose the motion right?  I would really appreciate some feedback.  

The Agreement was fair and resulted from hours of negotiation.  I have payor and really want this Agreement in place before the end of the year!

Thanks, 

Heather A. Stultz

Heather A. Stultz

Attorney at Law

161 North Broadway

Pennsville, NJ 08070 
PHONE: (856) 514-2079 
FAX: (856) 514-2094 
NOTICE: 
THIS EMAIL ITS CONTENTS AND ANY ACCOMPANYING DOCUMENTS ARE CONFIDENTIAL INFORMATION WHICH BELONGS STRICTLY TO THE SENDER AND WHICH ARE LEGALLY PRIVILEGED. THE INFORMATION IS INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL(S) AND/OR ENTITY(IES), NAMED ABOVE. IF YOU ARE NOT THE INTENDED ABOVE NAMED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION, OR THE TAKING OF ANY ACTION OR INACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (856) 514-2079 TO ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US.

Thanks. That's what I am working on!  My underlying concern is whether the Judge would/should re-assign the matter, if it is denied and continues to trial.  
Thanks, 
Heather A. Stultz


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Heather Stultz Esq.
Pennsville NJ
(856)678-2920
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Original Message:
Sent: 11-15-2018 10:13
From: Lynn Staufenberg
Subject: Q: Has anyone filed a motion, during ongoing Divorce Trial, to enforce an Agreement placed on the record?

File a Harrington Motion – I am sure Judge will accept it maybe on short notice.  He/she would rather do a motion than continue a trial most likely.    

 

Lynn E Staufenberg

 

Original Message------

Hi All!  I have a Divorce matter that is going on its 4th (non-consecutive) day of trial  primarily on the issues of Alimony(co-hab)/ED.  On day 3 of trial, an agreement was negotiated and placed on the record.  A few weeks later, counsel and I could not finalize the written agreement (due to a minor counsel fee issue).  

Has anyone had this situation and filed a motion to enforce an oral settlement agreement placed on the record but not memorialized, and while trial is pending?  

There are a number of issues/concerns, not the least of which is:  the Trial Judge would have to re-assign the matter if we lose the motion right?  I would really appreciate some feedback.  

The Agreement was fair and resulted from hours of negotiation.  I have payor and really want this Agreement in place before the end of the year!

Thanks, 

Heather A. Stultz

Heather A. Stultz

Attorney at Law

161 North Broadway

Pennsville, NJ 08070 
PHONE: (856) 514-2079 
FAX: (856) 514-2094 
NOTICE: 
THIS EMAIL ITS CONTENTS AND ANY ACCOMPANYING DOCUMENTS ARE CONFIDENTIAL INFORMATION WHICH BELONGS STRICTLY TO THE SENDER AND WHICH ARE LEGALLY PRIVILEGED. THE INFORMATION IS INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL(S) AND/OR ENTITY(IES), NAMED ABOVE. IF YOU ARE NOT THE INTENDED ABOVE NAMED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION, OR THE TAKING OF ANY ACTION OR INACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (856) 514-2079 TO ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US.

Original Message------

Hi All!  I have a Divorce matter that is going on its 4th (non-consecutive) day of trial  primarily on the issues of Alimony(co-hab)/ED.  On day 3 of trial, an agreement was negotiated and placed on the record.  A few weeks later, counsel and I could not finalize the written agreement (due to a minor counsel fee issue).  

Has anyone had this situation and filed a motion to enforce an oral settlement agreement placed on the record but not memorialized, and while trial is pending?  

There are a number of issues/concerns, not the least of which is:  the Trial Judge would have to re-assign the matter if we lose the motion right?  I would really appreciate some feedback.  

The Agreement was fair and resulted from hours of negotiation.  I have payor and really want this Agreement in place before the end of the year!

Thanks, 

Heather A. Stultz

Heather A. Stultz

Attorney at Law

161 North Broadway

Pennsville, NJ 08070 
PHONE: (856) 514-2079 
FAX: (856) 514-2094 
NOTICE: 
THIS EMAIL ITS CONTENTS AND ANY ACCOMPANYING DOCUMENTS ARE CONFIDENTIAL INFORMATION WHICH BELONGS STRICTLY TO THE SENDER AND WHICH ARE LEGALLY PRIVILEGED. THE INFORMATION IS INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL(S) AND/OR ENTITY(IES), NAMED ABOVE. IF YOU ARE NOT THE INTENDED ABOVE NAMED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION, OR THE TAKING OF ANY ACTION OR INACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (856) 514-2079 TO ARRANGE FOR THE RETURN OF THE ORIGINAL DOCUMENTS TO US.