Divorce involves decisions with long-term consequences—how assets get divided, where children will live, who pays which bills. Those decisions take time to resolve properly. In the meantime, you still need to get through daily life, and disagreements about the interim period can create additional stress and uncertainty.
This is where pendente lite motions provide structure—temporary orders that establish ground rules while proceedings are ongoing and help keep things functional before the final resolution.
What does pendente lite mean?
Pendente lite is a Latin term which loosely translates to “pending the litigation.” In divorce, it means a type of temporary order a court can issue at any time before a final decision on the issue is rendered. It addresses specific issues that need court intervention during the divorce process, establishing temporary arrangements before the final judgment on issues like:
- Who pays certain bills (like mortgage, property taxes, or utilities)
- Custody arrangements/parenting time (including family pets)
- Temporary spousal support and child support
- Who stays in the primary home or has access to secondary properties during the proceedings
- Asset preservation to prevent one side from selling or transferring ownership
When should you file for a pendente lite motion?
Every divorce is different, and every family’s circumstances are unique. There’s no single ‘right time’ that applies to everyone. Pendente lite motions must be filed after a divorce complaint has been filed, but beyond that procedural requirement, the timing depends on when specific issues arise.
If you’re feeling financially overwhelmed or aren’t sure how to establish a consistent parenting time schedule, a pendente lite motion can help clarify the rules during the time before a final ruling.
Some situations that may warrant a pendente lite motion include:
- If there’s disagreement about how finances are to be managed during the divorce process
- If interim custody arrangements need to be established because parents will no longer be living together or there are issues as to what is in the children’s best interest
- If you’re worried about valuable assets being liquidated or secreted during the divorce process
- If one party needs temporary support for themselves or their children and finances are unknown or withheld
Family law issues are already complicated enough without uncertainty about who pays the bills or when you’ll see your children. If you and your ex can’t reach an interim agreement on issues like the above while your case is pending, your attorney can help you determine whether a pendente lite motion makes sense for your case.
Do you need a lawyer to file a pendente lite motion in New Jersey?
While you can technically file a pendente lite motion without an attorney, the practical realities of the process make experienced legal representation valuable. Issues like custody arrangements and financial support are deeply personal, and clients often approach these motions with strong emotions about what’s fair or what they need.
An attorney’s role is to translate those concerns into legal arguments designed to meet the legal standards judges apply. They make sure you meet the specific procedural requirements—filing deadlines, required documentation, proper notice—while identifying the most effective way to present your situation.
For example, they might present a parenting request by emphasizing the child’s existing daily routine and which parent has historically handled specific care responsibilities, or frame a support request around documented household expenses and each party’s current income.
It’s not just about the processes, though; the right attorney can help you understand what your options are, where it might make sense to compromise, and how to evaluate your long term needs. This guidance is an important part of de-stressing the divorce process.
What happens at a pendente lite motion argument?
Pendente lite motions follow specific court procedures, with written filings exchanged between both parties:
- The moving party files an application requesting specific relief—temporary support, a parenting schedule, payment of certain bills
- The responding party files their response, which often includes opposition to some or all of those requests as well as their own counter-requests for different relief
- The moving party can file a reply to address these new requests
After the written submissions are complete, the court schedules oral arguments. A judge will review the filed documents—financial records, parenting plans, case information statements—and may ask questions to clarify positions or gather additional information.
The main things a judge may consider when reviewing a pendente lite motion are:
- Financial needs and the ability of both parties to pay
- Best interests of the children (most judges will want to minimize disruption to a child’s ordinary routine)
- The current status quo (pendente lite hearings aren’t the time to argue big asks. A judge will usually bear in mind the expected flow of daily life and strive to keep things running smoothly)
- Most importantly, all claims are legally supported by pay stubs, tax returns, school records, and other relevant documentation
The court will then set the temporary ground rules—like who pays what bills and where the children will stay.
How long does a pendente lite order last?
It’s important to know that there’s no guarantee that the conditions of a pendente lite order will automatically carry over into the final decision. They’re meant to provide structure during an ongoing case, but a judge’s final order will supersede a pendente lite.
De-stress your divorce with help from a Jacobs Berger New Jersey divorce attorney
Pendente lite motions are one tool for navigating divorce while your case is in court. They don’t resolve everything, but they can provide structure during an otherwise uncertain time.
Your attorney can help you determine whether a pendente lite motion makes sense for your specific situation and what relief to request. If you’re facing disagreements about finances, parenting time, or living arrangements that can’t be resolved through discussion, contact our team to schedule a strategic planning session.
