A New Jersey appeals court recently dismissed a case after the defendant claimed the parties did not have a valid marriage. In that case, the plaintiff had filed a complaint about divorce in Middlesex County, and the complaint was subsequently dismissed. The plaintiff filed a second complaint for divorce in Essex County, and the defendant moved to dismiss, arguing that there was no valid marriage between the plaintiff and the defendant. The claim was dismissed without prejudice pursuant to a stipulation of voluntary dismissal executed by the parties’ attorneys.
After the second dismissal, the parties entered into a Settlement Agreement, which addressed the distribution of assets as well as custody and child support. Over two years after the Agreement was signed, the plaintiff filed a motion to reopen the divorce case and enforce the signed Agreement. The defendant argued that the case could not be reopened because there was no underlying divorce case.
The appeals court found that the plaintiff could not enforce the Settlement Agreement by reopening the divorce case, as the case had been dismissed. The court noted that the divorce complaint was dismissed without prejudice—meaning that another complaint could be filed—and thus the complaint could be refiled if a valid marriage existed. In addition, if the parties never had a valid marriage, the plaintiff could enforce the Agreement by filing a complaint in the non-dissolution docket. Therefore, the plaintiff’s motion to reopen his matrimonial case was dismissed.