{"id":868,"date":"2012-08-16T13:37:16","date_gmt":"2012-08-16T13:37:16","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=868"},"modified":"2012-08-14T16:41:01","modified_gmt":"2012-08-14T16:41:01","slug":"what-is-a-motion-for-temporary-relief","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=868","title":{"rendered":"WHAT IS A MOTION FOR TEMPORARY RELIEF?"},"content":{"rendered":"
\n

WHAT IS A MOTION <\/span>FOR TEMPORARY RELIEF?<\/span><\/p>\n

\u00a0In 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.\u00a0 Depending on a particular case, this can seem like a very quick or painfully slow timeframe.\u00a0 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.\u00a0 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<\/em>, relief. \u00a0<\/p>\n

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. \u00a0If 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.\u00a0\u00a0 \u00a0The Case Information Statement is perhaps the most important document in your divorce.\u00a0 The CIS shows current income, the prior year\u2019s income, monthly expenses of the household, including shelter expenses, transportation expenses and personal expenses, as well as assets and liabilities. \u00a0You should also attach your last three pay stubs and prior years\u2019 income tax returns.\u00a0 The more information you can supply, the better informed the judge will be and the more likely you can prevail.<\/p>\n

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.\u00a0 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.\u00a0\u00a0 \u00a0Since 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. \u00a0<\/p>\n<\/div>\n

 <\/p>\n

When raising a temporary alimony claim it is imperative to address all of the statutory factors as best possible.\u00a0 Assets and liabilities are dealt with under the Equitable Distribution statute.\u00a0 \u00a0<\/p>\n

Other \u00a0issues \u00a0that \u00a0may \u00a0be \u00a0heard \u00a0on \u00a0a pendente \u00a0lite or \u00a0a temporary \u00a0basis are \u00a0those \u00a0of college tuition expenses, \u00a0the sale of the marital residence, requests to restrain the \u00a0parties from liquidating or transferring marital assets, requests for continuation of medical insurance or life insurance, and requests for attorneys’ fees or expert witness fees.<\/p>\n

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.\u00a0 \u00a0<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

WHAT IS A MOTION FOR TEMPORARY RELIEF? \u00a0In 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.\u00a0 Depending on a particular … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28,27],"tags":[29,32],"class_list":["post-868","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","category-durst-on-divorce","tag-divorce","tag-durst"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-e0","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1097,"url":"https:\/\/thedurstfirm.com\/?p=1097","url_meta":{"origin":868,"position":0},"title":"Changing the last name of the child","author":"Sandy Durst","date":"June 2, 2013","format":false,"excerpt":"It is common in divorce proceedings for the former wife to change her surname.\u00a0 The law allows her to adopt any surname, not just her maiden name, as long as it is not being done for fraudulent purposes or to avoid creditors or criminal prosecution.\u00a0 Recently, there has been an\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3047,"url":"https:\/\/thedurstfirm.com\/?p=3047","url_meta":{"origin":868,"position":1},"title":"What is an “uncontested” divorce?","author":"Sandy Durst","date":"November 15, 2025","format":false,"excerpt":"What Is an Uncontested Divorce in New Jersey? 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Some are shocked. many are angered. \u00a0Confusion is common and I've even had some clients confess they were relieved. \u00a0Regardless of your emotional response, a legal response is necessary. Don't ignore the Complaint and hope\u2026","rel":"","context":"In "Durst on Divorce"","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"The Law","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/06\/judge_gavel1-300x111.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":1155,"url":"https:\/\/thedurstfirm.com\/?p=1155","url_meta":{"origin":868,"position":3},"title":"Cross Examination by defaulting party allowed at divorce hearing.","author":"Sandy Durst","date":"August 24, 2013","format":false,"excerpt":"If you want a divorce in NJ it is not necessary for the other party to sign the divorce papers, agree with the decision to obtain a divorce or even participate in the proceedings.\u00a0 There are situations when one party simply refuses to engage in the process.\u00a0 NJ law provides\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":861,"url":"https:\/\/thedurstfirm.com\/?p=861","url_meta":{"origin":868,"position":4},"title":"Will a bankruptcy filing impact my divorce?","author":"Sandy Durst","date":"August 13, 2012","format":false,"excerpt":"Will a bankruptcy filing impact my divorce? 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