Drafting Pendente Lite Motions in New Jersey Family Court

A pendente lite application is often the first time that the parties will appear before the family court, early in their divorce action. The pendente lite application can and often does set the tone for the rest of the case, and can even affect the outcome. An effective pendente lite motion will enable the applicant and children to maintain the financial status quo, if possible. This program will provide an overview of what types of interim relief can be sought by way of a pendente lite motion while the divorce action is pending, as well as a review of applicable statutory factors and the documents that are required by the New Jersey Rules of Court, including the preparation and filing of a Case Information Statement.

1. Discuss the significance of a pendente lite motion and the types of relief that can be requested, including, but not limited to, custody and parenting time, direct support, restraints on dissipation of assets, payment of shelter and transportation expenses, maintaining insurances, appointment of experts, litigations funds and counsel fee requests

2. Identify appropriate statutory factors to properly support a pendente lite application

3. Review how the Case Information Statement supports the requests for relief in a pendente lite motion

4. Prepare an effective Notice of Motion and supporting documents