Temporary Orders in Hackensack Divorce Cases
A divorce case can take months or even years to conclude depending on the complexity and amicability of the case. During that time, life continues: You must pay bills, care for your children, and ensure stability for your children. The Court often enters temporary orders during a divorce case to ensure that your family, particularly your children, enjoys some measure of stability. These temporary orders, known as pendente lite orders, are intended to maintain the financial status quo and ensure that the parties’ children have access to both parents in an orderly fashion in the case of separated parents. Pendente lite simply means “pending the litigation.”
Our divorce lawyers can help obtain temporary orders in Hackensack divorce cases. At Moskowitz Law Group, our family law attorneys will help you through this difficult period, provide legal guidance, and protect your and your children’s best interests.
What do Pendente Lite Orders Do?
It is important to have a thorough understanding of pendente lite orders and how they can maintain stability during your divorce proceedings. These orders have several benefits, as they introduce much-needed structure during these uncertain times, such as:
- Designating temporary custody and parenting time arrangements for children
- Determining responsibility for maintaining and paying household expenses
- Awarding financial support to a spouse and children
The order can also prevent the sale or transfer of any marital assets or property while the divorce is ongoing. If one spouse has greater financial resources, the disadvantaged spouse can also obtain contribution toward their legal fees to level the playing field.
These orders typically remain in place throughout the duration of the divorce proceedings and can set the tone for a final result in the divorce. If the order provides relative stability for the family and the financial agreements seem appropriate, the Court may be unwilling to disrupt that arrangement, because changing it may not serve the parties’ or the children’s best interests.
Our family law attorneys can provide more clarity on how a pendente lite order works and its impact on your divorce.
Filing for a Pendente Lite Order
A spouse in Hackensack seeking a pendente lite order has two options: Filing a regular motion or an emergent application for an Order to Show Cause. We can file either one of these filings on your behalf. Either option will specify exactly what you are seeking the Court to order and include a statement from you, evidence, and legal arguments and reasoning in support of your requests.
Deciding which option to file under is a crucial decision. A regular motion will be heard and decided no earlier than 24 days from the time of filing. Regular motions are the most common of the two options and are reserved for cases where an emergency does not exist. An emergent application for an Order to Show Cause will be heard on an expedited basis, often on the same day or the day after it is filed. Emergent applications are much less common because they are reserved only for cases where there will be immediate and irreparable harm to a spouse or child, which is a very high bar to meet. If an emergent application is granted, the Court will order immediate relief, schedule a hearing, and then determine whether the relief it ordered should stand, be modified, or be dismissed. One of our attorneys can help you determine whether to file a regular motion or an emergent application for what you want the Court to order.
Call Us To Pursue Pendente Lite Orders in Your Divorce Case in Hackensack
Seeking temporary orders in Hackensack divorce cases can be complex. Work with one of our experienced divorce lawyers from Moskowitz Law Group to determine the next steps in your divorce proceedings and whether a pendente lite order is appropriate in your case. We can help you explore your legal options, guide you through the process, protect your rights, and advocate for your best interests.
Call today to discuss your case.
