Arndt, Sutak & Miceli, LLC

When is a Pendente Lite Motion Filed?

A pendente lite, or pending litigation motion, is often filed when there is a dispute between divorcing parties on how marital expenses should be paid while the divorce litigation continues.  For example, a supported spouse may not have enough disposable income to maintain the mortgage, taxes and insurance for the marital residence without contribution from their spouse.  Another scenario our office sees frequently, is when parties need to each contribute to expenses associated with the care of a child.  Interim weekly child support can be paid or unallocated support may also be ordered by the court to account for a child’s extra-curricular expenses and day-to-day needs.

There are also situations when a motion is filed because one party seeks the sale of the marital residence. Many times it may not be feasible to maintain two separate residences while the divorce litigation is pending if one spouse has relocated from the marital residence.  This is a difficult relief for the court to consider. It from time and again means displacing (potentially prematurely) one spouse, and often children, from their residence before the conclusion of the divorce litigation.

It is important to hire an attorney to determine if filing a pendente lite motion is necessary based upon the facts of your case. It is equally, if not more important, to hire an attorney if you have been served with a pendente lite motion and may have an obligation to pay for expenses for the duration of litigation.

An Order entered by the Court, while modifiable based upon a change in circumstance, can set the stage for your litigation early on.  Having the right legal representation is key, to assure your rights are protected. Contact our offices at 732-867-8894 or to schedule a consultation with one of our partners today to discuss your case.

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