NJSBA Family Law Section

I had a client request that I withdraw her Complaint for Divorce.  I did.  Within one month after the voluntary withdrawal, she has requested to reinstate.  Pursuant to R. 5:7-7 and 1:13-7 the Complaint can be reinstated but they reference the Court dismissing.  It was my understanding that this can be done without incurring the filing fee again.  Does anyone have a proposed form or guidance?  Thanks in advance for your time and assistance.

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Doreen Neggia Esq
Associate
Lake Hopatcong NJ
(973)663-5595

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Larry Raiken Esq.
Montville NJ
(973) 808-2003

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Original Message:
Sent: 11-07-2013 14:47
From: Doreen Neggia
Subject: Reinstate Divorce Complaint

I had a client request that I withdraw her Complaint for Divorce.  I did.  Within one month after the voluntary withdrawal, she has requested to reinstate.  Pursuant to R. 5:7-7 and 1:13-7 the Complaint can be reinstated but they reference the Court dismissing.  It was my understanding that this can be done without incurring the filing fee again.  Does anyone have a proposed form or guidance?  Thanks in advance for your time and assistance.

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Doreen Neggia Esq
Associate
Lake Hopatcong NJ
(973)663-5595

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It would seem to me that pursuant to rule 1:13-7 you would need a consent order from the defendant and have a copy of his or answer annexed to the consent order, If the defendant refuses to sign a consent order a motion nay be necessary to reinstate.

On a recent case in Monmouth County, my adversary withdrew the Complaint for divorce after 4-5 months.  (We had agreed to a stipulation to extend time to answer.)  We were advised that the Complaint could be reinstated within one year but a motion would have to be filed to waive the filing fee.  (Less costly to pay the filing fee again.)  I would give the finance division in your county a call and make the inquiry. 

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Mary Jane Leland Esq.
Freehold NJ
(732)409-7777

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Original Message:
Sent: 11-07-2013 14:47
From: Doreen Neggia
Subject: Reinstate Divorce Complaint

I had a client request that I withdraw her Complaint for Divorce.  I did.  Within one month after the voluntary withdrawal, she has requested to reinstate.  Pursuant to R. 5:7-7 and 1:13-7 the Complaint can be reinstated but they reference the Court dismissing.  It was my understanding that this can be done without incurring the filing fee again.  Does anyone have a proposed form or guidance?  Thanks in advance for your time and assistance.

-------------------------------------------
Doreen Neggia Esq
Associate
Lake Hopatcong NJ
(973)663-5595

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