Pendente Lite Orders

Sometimes it is necessary to seek immediate court intervention to obtain fast relief for my clients in their divorce action. In such cases, an order to show cause for "pendente lite" relief is prepared and filed with the court. Pendente lite means "pending the trial." It should be used when time is critical, such as when a child is being taken away without your consent from the jurisdiction, or when a quick court decision is necessary when a spouse fails to maintain the status quo in paying bills.

Relief may be sought in any of the following types of cases, though this list is not exhaustive:

  • To establish custody and visitation
  • To obtain child support
  • To stop a relocation attempt
  • To establish temporary spousal support (maintenance)
  • To receive exclusive use and occupancy of the marital home or use of a vehicle
  • To obtain an order of protection
  • To establish restraints on accounts and counsel fees to prevent your spouse from spending down your assets prior to divorce

Some Considerations When Seeking Pendente Lite Orders

If you make more money than your spouse, it would be wise to remain in your marital home (absent being excluded via an order of protection or to avoid violence, etc.) until a settlement can be negotiated to avoid the issuance of a pendente lite award that may be unreasonable and difficult, if not impossible, to comply with.

How Much Money Can I Expect From A Maintenance Order Obtained Through A Pendente Lite Motion?

Essentially, take 30 percent of you spouse's income and subtract 20 percent of your income, and that's roughly what you can expect to receive in maintenance while your divorce case is pending.

Call 718-720-1000 Today For Experienced Help And Quick Action

My phones are answered 24 hours a day, 7 days a week. If you need immediate assistance, contact Kurt T. Richards, P.C., in Staten Island. As a family lawyer with more than 25 years of experience, I have represented more than 3,000 clients successfully throughout New York City. I am ready to help you, too.