WHAT IS A MOTION FOR TEMPORARY RELIEF?
In New Jersey, the family court system is instructed to do all it can to resolve divorce cases within one year of the filing of a Complaint for Divorce. Depending on a particular case, this can seem like a very quick or painfully slow timeframe. Because of the length of time between the filing a complaint for divorce and scheduling of a trial, issues routinely arise that require immediate attention. Issues such as spousal support, child support, payment of household bills, and parenting time can be addressed by the filing of a motion for temporary, or pendente lite, relief.
These types of motions are very common and are done by filing a notice of motion with the Court which sets forth the specific relief requested and supporting certifications signed by the parties. If a party is seeking financial relief of some sort, then a Case Information Statement (also referred to as a CIS) must be filed, if one has not yet been submitted. The Case Information Statement is perhaps the most important document in your divorce. The CIS shows current income, the prior year’s income, monthly expenses of the household, including shelter expenses, transportation expenses and personal expenses, as well as assets and liabilities. You should also attach your last three pay stubs and prior years’ income tax returns. The more information you can supply, the better informed the judge will be and the more likely you can prevail.
The Notice of Motion and the Response and Reply must be filed in accordance with the timeframes set forth in the New Jersey Court Rules. Following the filing schedule allows the Judge to review these papers prior to the hearing date, and after hearing oral argument of counsel on the issues, will make a decision. Since this is not a full trial on the issues, the Court relies heavily on the financial information submitted as well as the information provided in certifications.
When raising a temporary alimony claim it is imperative to address all of the statutory factors as best possible. Assets and liabilities are dealt with under the Equitable Distribution statute.
Other issues that may be heard on a pendente lite or a temporary basis are those of college tuition expenses, the sale of the marital residence, requests to restrain the parties from liquidating or transferring marital assets, requests for continuation of medical insurance or life insurance, and requests for attorneys’ fees or expert witness fees.
These temporary orders of the court are temporary in nature and become void upon the entry of a judgment of divorce or property settlement agreement.
