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Can you file a pendente lite motion in a New Jersey divorce?

On Behalf of | Jun 6, 2024 | Family Law

The divorce process brings about numerous adjustments in the involved parties’ lives, each having to adjust to living without the other. Sometimes, these transformations can be emotionally and financially challenging. 

During this period of transition, it’s crucial to address immediate financial needs, especially if one spouse was dependent on the other during the marriage.

When can you file a pendente lite motion?

In New Jersey, you can file a pendente lite motion at any stage of the divorce process, typically after the initial divorce complaint has been filed. Grounds for filing a pendente lite motion include:

  • Financial dependence: If one spouse was financially dependent on the other during the marriage and requires temporary financial support to maintain their standard of living during the divorce proceedings.
  • Child support: When there are children involved, temporary child support may be requested to ensure their needs are met while custody and support arrangements are being finalized.
  • Spousal support: Temporary spousal support may be sought if one spouse needs financial assistance to cover living expenses during the divorce process, especially if they lack income or resources of their own.
  • Exclusive use of property: If there are disputes over the use of marital property, such as the marital home or vehicles, a pendente lite motion can request temporary possession or exclusive use of such property until a final division is determined.
  • Legal fees and expenses: In cases where one spouse lacks the financial means to cover their legal fees and expenses, a pendente lite motion can request the other spouse to contribute towards these costs.

It is important to consider legal guidance to help determine the appropriate timing and grounds for filing a pendente lite motion, as well as to understand the intricacies of the divorce process and better ensure the best possible outcome for all parties involved.