Divorce is an adjustment, one that often has you changing how you live and utilize your finances. Often, these adjustments can be overwhelming and taxing, and you may find yourself caught between the divorce proceedings and maintaining your financial stability. When that happens, what can you do? In New Jersey, you may be able to file a pendente lite motion during your divorce to alleviate some burdens. Here is everything you need to know about pendente lite and how it can be used.
Key Takeaways
- In a New Jersey divorce, “pendente lite” refers to temporary orders filed during the litigation process to address critical financial and custodial needs until the divorce is finalized.
- Consider filing a pendente lie motion if you need temporary financial support to maintain independence during the divorce, including covering living expenses like rent, utilities, and groceries.
- It’s highly advisable to have a skilled family law attorney represent you when filing a pendente lite motion. They’ll navigate the legal complexities, advocate for your best interests, and present a compelling case in court if necessary.
What Does Pendente Lite Mean?
What Does Pendente Lite Mean?
“Pendente lite” is a Latin term meaning “pending the litigation” or “during the litigation.” In the context of a divorce, it refers to motions filed for temporary orders that are effective until the divorce is finalized. These orders are essential for maintaining stability and addressing immediate financial and custodial needs while the divorce case is ongoing.
When Should You File for a Pendente Lite Motion in a New Jersey Divorce?
Filing for a pendente lite motion in a New Jersey divorce is a procedural step aimed at addressing critical financial and living arrangements that are essential for both spouses and any children involved during the divorce process. In other words, there are certain situations where these motions can be helpful, such as:
Financial Independence
One of the primary reasons to file a pendente lite motion is to ensure that each spouse can maintain financial independence during the divorce proceedings. This motion allows a spouse who may not have independent income or sufficient resources to request temporary financial support. This support typically covers essential living expenses such as rent or mortgage payments, utilities, groceries, transportation, and other day-to-day costs. By securing temporary financial assistance, the spouse can focus on navigating the divorce process without facing financial hardship.
Child Support
Temporary child support is another critical component of a pendente lite motion. It ensures that children’s immediate needs are met until a final child support order is determined as part of the divorce settlement. Child support covers various expenses crucial for the well-being of children, including education, healthcare, extracurricular activities, and basic living needs. The court calculates temporary child support based on state guidelines, considering factors such as each parent’s income, the child’s needs, and the custody arrangement during the divorce proceedings.
Spousal Support
Also known as alimony pendente lite, temporary spousal support is designed to provide financial assistance to a dependent spouse during the divorce process. If one spouse significantly contributed to the marriage economically or made career sacrifices to support the family, they may be entitled to temporary spousal support. This support helps maintain the dependent spouse’s standard of living until a final spousal support agreement or court order is established. Factors considered include the duration of the marriage, each spouse’s earning capacity, their respective financial needs, and any prenuptial agreements in place.
Exclusive Use of Property
In some divorce cases, disputes over marital property arise, particularly regarding the family home. A pendente lite motion may request exclusive use of marital property to ensure stability and continuity for one spouse and any children. This ensures that the family can remain in the marital home without disruption during the divorce process. Factors considered by the court include the best interests of the children, financial circumstances of each spouse, and any history of domestic violence or abuse.
Legal Fees and Expenses
Divorce proceedings often involve complex legal issues and significant expenses. Seeking payment of legal fees and expenses through a pendente lite motion ensures that both spouses have access to competent legal representation. This allows each party to effectively navigate the legal process, protect their rights, and advocate for their interests. The court evaluates each spouse’s financial situation, the reasonableness of legal fees incurred, and the necessity of legal representation to ensure a fair outcome.
Do You Need a Lawyer to File a Pendente Lite Motion During Divorce in NJ?
Do You Need a Lawyer to File a Pendente Lite Motion During Divorce in NJ?
Yes, it is highly advisable to have a lawyer represent you when filing a pendente lite motion during a divorce in New Jersey. Family law in New Jersey, including matters related to pendente lite motions, can be complex and nuanced. An experienced family law attorney understands the legal framework, procedural requirements, and case law that apply to pendente lite motions. They can navigate these complexities on your behalf, ensuring that your motion is properly filed and argued to maximize your chances of success.
Furthermore, your legal representative will always advocate for your best interests and ensure that your rights are protected. If your pendente lite motion requires a court hearing, your lawyer will represent you effectively in front of the judge. They will present your case persuasively, address any objections or concerns raised by the opposing party, and advocate for a favorable outcome. Courtroom experience and knowledge of procedural rules are crucial in presenting a compelling case during hearings.
Contact a New Jersey Divorce Lawyer Today to Learn More
Filing a pendente lite motion in a New Jersey divorce is crucial to address immediate financial and living arrangements that affect both spouses and any children involved. These motions provide temporary relief and stability during the divorce process, ensuring that essential needs are met until a final divorce settlement or court order is issued.
If you are currently going through a divorce and experiencing hardship as a result, contact Ziegler Law Group, LLC right away. This is a complex legal matter, one that you will need assisting overcoming. We will do so with compassion about your situation and provide you the legal support needed to ensure an equitable outcome. Get in touch with us today by calling 973-533-1100 or by filling out the online form. It’s time to schedule your free consultation with Ziegler Law Group, LLC.
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