NJSBA Family Law Section

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  • 1.  Vacate judgment by consent

    Posted 09-03-2019 03:48 PM

    Parties have reconciled and regret having divorced (ah, love...).

    Rather than re-marrying, they'd like to file a consent order vacating the judgment and dismissing the complaint.

    They could certainly do so in a civil case...any reason they can't do so in a Family Part case?



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    David Perry Davis, Esq.
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    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223



  • 2.  RE: Vacate judgment by consent

    Posted 09-03-2019 04:06 PM

    This question was the topic of discussion at a CLE course some years ago and the overwhelming consensus was that since a marriage "contract" requires a license and ceremony, once terminated via a judgment, a new license and ceremony would be required.

     

    Carol Goloff

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    The Law & Mediation Office of Carol N. Goloff

    2216 Shore Road

    The Dr. Peter Marvel House

    Northfield, NJ 08225

    Telephone (609) 646-1333

    Facsimile (609) 641-6373

    Attorney ID #028211987