Consent Judgement: Is it still valid?


#1

Spouse filed DBB claim along with ED and Possession, CS and CCI counter claimed for DBB, CS and CC. I did not counterclaim for ED as we were still living in same home. I moved out with minor child, fast forward to signing a Consent Judgment for Child support and custody and in the agreement the following line was also included: The consent judgment states verbatim : "Pending further hearings in this case Plaintiff shall have sole possession of the marital home and shall pay the mortgage payments thereon "

The agreement was in August 2015 and in May 2016 the ED was dismissed by Judge for lack of subject matter jurisdiction. Is the consent judgment portion pertaining to the marital home voided by the dismissal of the ED claim or is it still valid since there was a separate claim for possession. Can I now ask for possession of the home since Spouse will not agree to me and minor child relocating to home state as he originally agreed too at the beginning of the case? Consent agreement has stipulation of move within 100 miles.


#2

The consent order is still a valid order.

If you and your spouse have now separated, either of you can re-file for equitable distribution and possession of the marital residence, assuming the original possession of the marital residence claim was dismissed with the original ED claim for the same reason.