QUESTION
If a petition for divorce is withdrawn; are previously signed agreements such as Custody and Property Settlement Agreements still enforceable
Asked on Nov 04th, 2013 on Divorce - New Jersey
More details to this question:
We planned to file joint taxes and the divorce is scheduled to be finalized before the end of the year which would make this impossible. If we withdraw the Petition and refile in order to Stay the Divorce Motion, does this invalidate the other Orders? Among other things, the date of Pension growth "end-date" would re-start based on the new filing date but would this then negotiable too if everything else is invalidated?
1 ANSWER
2 Awards
You can make it part of the consent order for the withdrawal to be that the other documents stay in place. you want to with draw, or have the complaint dismissed without out prejudice, which would allow you to file again. As part of the Order allowing that to happen, both parties should agree to keep all of those documents as binding for use in the final complaint.
Answered on Nov 12th, 2013 at 3:22 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship