ISSUES CONSIDERED FOR PENDENTE LITE/TEMPORARY RELIEF IN A NEW JERSEY DIVORCE

ISSUES CONSIDERED FOR TEMPORARY RELIEF IN NEW JERSEY

Regular Bills and Expenses

Child support, spousal support (alimony), payment of specific bills such as a mortgage or rent, additional housing costs such as insurance and utilities; health insurance, car payments, and school costs are the most common finances accounted for in pendente lite support. These are the regular costs that the parties incurred before the divorce and that should continue while it proceeds.

Divorce-Specific Considerations

In addition to the financial support that can be awarded, certain pending divorce issues can be temporarily decided upon while the divorce is ongoing. The questions of child custody, who gets to stay in the marital home, and who gets to use other assets such as cars, may be handled by the temporary relief process. The court may also prohibit the spouses from selling or otherwise disposing of marital assets during the divorce.

MOTION FOR TEMPORARY RELIEF

There are two ways in which temporary relief can be accomplished. The first method is by the divorcing spouses coming to an agreement. The second is by judicial order.

Consent Order – Spouses Agreement

If the spouses come to an agreement, their attorneys can put the agreement in writing. If a judge agrees that the agreement is reasonable, the judge will enter a ‘consent order’ that the spouses can legally enforce.

Motion for Temporary Relief – Judicial Order

If the parties cannot agree on a support order, the issue will be one for the court to decide. The process for obtaining temporary relief in a New Jersey court begins with the spouse seeking support filing a motion for pendente lite support. Once that happens, the parties will be required to submit information about their incomes, assets, and expenses to the court. The court will take that information into consideration to determine what the needs of the respective spouses are, and how much money is available to pay for those needs. It will also take into account the “marital status quo” or the standard of living that the spouses had while married, and make a determination.

The cost of living in New Jersey is quite high, making the loss of financial support from a soon-to-be-former spouse potentially disastrous. Having pendente lite support in place is immensely helpful to a supported spouse during a divorce proceeding. Call the Law Offices of Peter Van Aulen today for a free consultation to discuss your divorce issue.

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Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

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