Motions made during a Divorce
When getting a divorce there are plenty of questions that can arise especially when you are not the breadwinner of the marriage. The most frequent that I am faced with from many of my clients are: What happens if my spouse/partner vacate the marital home? Or What if my spouse/partner refuses to pay for the expenses he or she has historically paid? Or What happens if my spouse/partner empties all of our accounts?
When an issue arises similar to the questions above a pendente lite motion will need to be filed. What is a Pendente Lite Motion? As described in the family law section of our website, a motion is an application to the family court that can ask for certain types of relief. A pendente lite motion is an application that is filed during the divorce proceedings (ie after the divorce complaint is filed but before you have a final divorce decree) The purpose of a pendente lite motion is to keep the status quo and preserve the marital assets.
A typical pendent elite motion will request the following relief: a) to establish custody, child support and alimony; b) to establish a parenting time plan; c) to request that household and roof expenses be paid such as mortgage and utilities; d) to enforce parenting rights such as visitation.
Pendente lite orders are temporary in nature until a final judgment of divorce is entered which would be obtained by either the parties reaching a settlement or having a court render a final judgment at trial.
Motions made after a Divorce
There are limitless types of motion that can be made after the final judgment of divorce has been entered. A motion made after the final judgment of divorce has been entered is called a Post-Judgment Motion.
What are Post-Judgment Motions?
The following is a list of the most commonly filed post-judgment motions:
- Modification of child Support/Alimony
- Custody and Parenting Time
- Resumption of Maiden Name
- Termination of Child Support/Alimony
- Enforcement motion to enforce a prior court order or the final judgment of divorce
Getting divorced can be an extremely stressful and confusing time where it is of the utmost importance to protect not only your assets that were acquired during your marriage but also to protect your parental rights. Ms. Sangiovanni can provide you with step by step guidance of what your strategy should be throughout the entire litigation and personally work and advocate toward those goals.