Pendente Lite Motions in a DivorceThe Biggest Battle in the Divorce War is a Pendente Lite Motion

Why is a Pendente Lite Motion Important?

  • The first impression and momentum that takes shape in a divorce begins with a Pendente Lite Motion.
  • This type of motion introduces the case to the Judge.
  • The first impression of you and what the Judge thinks is fair at the start of the case, is from a Pendente Lite Motion.
  • This motion could be the most important aspect of your case and must be taken extremely seriously.
  • Time is of the essence when this type of motion is filed or if you want to file a motion to seek relief. 
  • A litigation fund may be set at this motion hearing
  • Restrictions may be set on one party or both
  • Passports can be held by the court if one party is a flight risk

Pendente Lite Motions are critical motions in family court during a divorce case. The most common request in a pendente lite motion is for support (spousal support/alimony) for the dependent spouse or the spouse who earns less. We are experienced in representing clients who seek support and we have also defended those who have been served with divorce papers and pendente lite motion papers. 

What Kind of Relief Can a Litigant Request When Filing a Pendente Lite Motion?

  • Spousal Support
  • Child Custody
  • Parenting Time Schedules
  • Child Support
  • Sale of the Marital Residence
  • Protecting Assets
  • Restraining the parties from dissipating Marital Assets
  • Removing one litigant from the Marital Residence
  • Lawyer Fees

What is the best way to prepare for a Pendente Lite Motion? 

  • Being as detailed as possible with your Case Information Statement
  • Reviewing the other party's Case Information Statement carefully
  • Detailing why you are seeking the relief you want
  • Attaching any proof as to why the relief should be granted or denied
  • Filing as fast as you can. For example, if the breadwinner leaves the home and you do not have any money, do not wait, file the motion immediately. Furthermore, if your spouse is not letting you see the kids, file a motion or an Order to Show Cause immediately. 
  • If you are seeking lawyer fees, your attorney must attach a certification of legal services with a detailed invoice.
The Artusa Law Firm is dedicated to aggressive and compassionate representation to all of our clients

What Advice Do You Have For Litigants Served With Pendente Lite Motion Papers?

  • Do not ignore the motion
  • Talk to and hire an attorney fast
  • Focus on what you want in a potential cross-motion
  • Make notes on the motion that has been filed so that you can help your attorney work on the key points
  • When attending court, be polite 
  • Be on time for court
  • Dress for court, not for the gym
  • Only speak when the Judge asks you a question
  • Never interrupt the Judge
  • Do not get angry if the Judge begins to agree with your spouse because that can change quickly as well
  • Do not interrupt the other party
  • Be respectful to the Court and its Staff
  • Try to be calm 
  • Do not argue with your spouse inside or outside the courtroom
  • Do not bring children to court

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