If you have just filed for divorce or are thinking of filing for divorce, you and your spouse are in the “pendente lite” period. This is the court’s term for “pending litigation.” An agreement, or consent order, can be entered between you and your spouse establishing each of your pendente lite obligations. This could include, who and how the mortgage will be paid each month, or how other household bills will be shared. There might be a situation where one spouse has left the former marital home and will be forwarding a set amount of support to one spouse while they are caring for the children.
But, there are circumstances where one spouse “abandons” or attempts to limit his or her responsibilities and obligations, when this is entirely inconsistent with the years of prior performance. This is what the court system is for. You can seek to have your spouse maintain what was the “marital status quo.”
In our recent blog, “What It Means to File a Motion,” we detailed the court process on why you would be seeking judicial assistance, the mechanisms for doing so and the timeframes those requests are addressed. By way of reminder, a motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon. Under these circumstances, those requests could include:
1. Obligation to forward a set amount of financial support
2. Obligation to satisfy the mortgage on the marital residence
3. Obligation to satisfy the real estate taxes and insurance on the marital residence
4. Obligation to maintain all insurances, whether health or life, for you and your children, if any.
The list is truly endless of what you can request of the court, and it should take into consideration your family’s personal situation. A notice of motion should be tailored to the circumstances you are facing and not be a “form” submitted to the court. The attorneys at Shane and White, LLC file motions before family court judges in counties all across the state of New Jersey. They are familiar with the intricacies of the process and know what information will be helpful to present to the Judge to obtain a successful outcome on behalf of their clients. In the event you have issues which require judicial intervention, because your spouse has failed to maintain the marital status quo, or you have been served with a Notice of Motion filed by the opposing party, please contact our offices to schedule a consultation to discuss your options.