Suzanne Feinburg v. Damon Feinberg

Freehold, New Jersey family law lawyers represented the parties in a divorce action.



Following a seven-day Harrington[1] hearing, the Family Part judge entered an order that the parties settled their divorce action. Based on her credibility findings, the judge rejected defendant's claim that he did not agree to settle the matter. The judge determined defendant accepted plaintiff's settlement offer of $240,000 in consideration for granting the divorce and a mutual release. The judge denied plaintiff's request for attorney's fees and costs arising from her successful enforcement of the settlement agreement.



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FAMILY LAW. DIVORCE SETTLEMENT AGREEMENTS. The court had to determine whether the parties reached a binding settlement agreement in a divorce action, specifically addressing whether an oral agreement was enforceable despite not being reduced to a signed written agreement.



FAMILY LAW. ENFORCEABILITY OF SETTLEMENT AGREEMENTS. It was contested whether the settlement agreement was valid given claims of incomplete discovery and fairness, and if the lack of a written agreement under mediation standards made the settlement unenforceable.



FAMILY LAW. ATTORNEY'S FEES AND COSTS. The issue was whether the denial of attorney's fees and costs to the plaintiff was appropriate, considering statutory factors, the conduct of the defendant, and both parties' financial circumstances.



PROCEDURAL LAW. INCOMPLETE TRANSCRIPTS. The judgment considered whether the presence of numerous indiscernible notations in hearing transcripts warranted a new hearing due to concerns over an incomplete record.



Key Phrases Harrington hearing. Settlement agreement enforceability. Retroactive alimony pendente lite. Attorney's fees and costs. Settlement conference.

Affirmed