In my settlement agreement it is written that I must file a motion to turn my limited divorce into a final divorce in one year but I withdrew my cross complaint and the only complaint that exists is the plaintiff. Am I allowed to do that or the plaintiff has to complete the process?
You are still the defendant in the divorce - even if you don’t file a responsive pleading. So after the divorce is entered, you have standing to file a motion.
Thank you for your question. You can file as the defendant even though you withdrew the counterclaim. You should speak with an attorney regarding options because there may be ways, based upon your agreement and language, to do this without a motion. I hope this was helpful to you.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey law. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
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