Greely v. Greely

This appeal presents limited questions concerning the procedures to be followed in seeking a voluntary dismissal of a complaint for divorce or, in the alternative, dismissal by the plaintiff of that complaint under the forum non conveniens doctrine. For the reasons that follow, we conclude that voluntary dismissals in the Family Part of the Chancery Division are governed by Rule 4:37-1 and that the Rule allows only for (1) unilateral dismissals on notice by the plaintiff provided neither an answer nor a summary judgment motion has been filed, (2) dismissals at any time provided they are…