NJSBA Family Law Section

 View Only

  • 1.  Reopen Final Judgement of Divorce

    Posted 09-12-2014 10:06 AM
    Client had an attorney but fired attorney before an answer to complaint was filed on his behalf.  Client then ignored entry of default and notice of proposed final judgement of divorce.  Came to me soon after received copy of final judgment in April.  He then wanted to negotiate something but that has not worked.  The final judgment is very one sided in my opinion and after reviewing the transcript of the hearing the judge gave advice to the Plaintiff's attorney as to what it should include.  Client now wants to try and reopen, five months after I recommended he do so.  I believe it would be a Rule 4:50 motion which has very strict criteria.  Anyone have experience with something like this?  Can I argue unconsionability even thought it is not an agreement?

    -------------------------------------------
    Jeffrey Karl Esq.
    Cherry Hill NJ
    (856)486-0707
    -------------------------------------------


  • 2.  RE: Reopen Final Judgement of Divorce

    Posted 09-12-2014 10:25 AM

    Yes, I suspect that would be a ground under 4:50-1(f).  I think it may be difficult to convince a judge that either he/she, or some other judge in the County created an unconscionable result, unless all the numbers that the first judge used were clearly wrong.  I think you hae a tough row to hoe, but you have a shot.  Make sure you get a good retainer, since I suspect you will do a lot of work

     




    Original Message


  • 3.  RE: Reopen Final Judgement of Divorce

    Posted 09-12-2014 11:06 AM

    My experience in virtually the same kind of fact pattern is that it's a loser at the  trial level.  It's difficult to put together facts that will fit in with R. 4:50, and it is, therefore, very easy for a judge to deny the motion.  We're not talking five days, or even five weeks.

     

    If the other side won't consent to opening it, I doubt you want to get involved.

     

     

      [Non-text portion of this message removed]

    Mark F. Saker, Esquire

    Attorney ID #271831971
    Cerrato,  Saker & Wilder
    A Professional Corporation
    819 Route 33
    Freehold, New Jersey 07728
    O:  (732) 431-5000 X 125
    F:   (732) 462-0483
    C:   (732) 915-5190
    E:       [email protected]

     

    INFORMATION CONTAINED IN THIS E‑MAIL TRANSMISSION, INCLUDING ANY ATTACHMENTS, IS ATTORNEY PRIVILEGED & CONFIDENTIAL AND INTENDED ONLY FOR USE BY THE INDIVIDUAL OR ENTITY INDICATED TO BE THE RECIPIENT. IF THE RECEIVER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E‑MAIL. THANK YOU!    

     

    TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

    P Consider the environment before printing this e-mail.  Please print this e-mail only if necessary.     

     




    Original Message