NJSBA Family Law Section

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  • 1.  Voluntary Dismissal

    Posted 10-10-2018 03:56 PM
    If the defendant only has filed an Appearance and no Answer to the Complaint, and the plaintiff wants to dismiss the complaint (parties have reconciled), can the plaintiff just file a Voluntary Dismissal of the case without the defendant signing off or appearing in court?

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    Leslie Farber Esq.
    Montclair NJ
    Ph. (973)509-8500
    email: [email protected]
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  • 2.  RE: Voluntary Dismissal

    Posted 10-10-2018 03:59 PM

    If there was answer and counterclaim filed then I would stay both would need to file dismissal because Counterclaim would survive even if Complaint was dismissed.  If your client only filed a General Appearance to the Complaint in order to be heard, he has not set forth a cause of action or asked for relief, so only the plaintiff would need to file a voluntary dismissal of the complaint and the entire action is dismissed.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

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  • 3.  RE: Voluntary Dismissal

    Posted 10-10-2018 04:12 PM

    Alice and Leslie:

     

    My answer differs from Alice's. If the plaintiff only requested a dissolution of the marriage and no other relief, I am sure the plaintiff can just dismiss without the defendant's signature.

     

    However, it is my understanding that if the plaintiff requested other relief, mainly equitable distribution, or the defendant's appearance sought financial relief, you will need both parties signing of the stipulation of dismissal without prejudice.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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  • 4.  RE: Voluntary Dismissal

    Posted 10-10-2018 04:13 PM

    good catch Bob.  I always err on the side of caution and have them both sign.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    ***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

     






  • 5.  RE: Voluntary Dismissal

    Posted 10-10-2018 04:17 PM

    Alice, that is just what I wanted to hear.  Thank you.  I represent the plaintiff.

     

     

    ABS0049_LeslieFarber_Logo25

    Leslie A. Farber, Attorney at Law

    33 Plymouth Street, Suite 204

    Montclair, NJ 07042-2607

    Ph. 973.509.8500 x 213

    Fax: 973.860.1174

    eMail:  [email protected]

    web:  http://www.LFarberLaw.com

     

    Note: The contents of this electronic message are intended for general information purposes only and should not be construed as legal advice or opinion in any specific facts or circumstances. Confidentiality Note: This electronic message transmission contains information from Leslie A. Farber, LLC, which may be confidential, privileged, or otherwise protected from disclosure.  The information is intended only for the use of the individual(s) listed above.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited.

    IRS CIRCULAR 230 DISCLOSURE: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in, omitted from, or implied by this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

     






  • 6.  RE: Voluntary Dismissal

    Posted 10-11-2018 09:43 AM
    Always nice to get signatures from everyone if possible.

    If not, R. 4:37-1 on Voluntary Dismissal is the authority.

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    Law Office of
    Clara S. Licata, Esq.
    700 Godwin Ave., Suite 210
    Midland Park, NJ 07432
    201-612-1170
    Fax 201-612-1179
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