What is the Pendente Lite Motion?
Answers from Our Westchester Divorce Attorney
In a contested divorce action it may be necessary to ask the Court for
immediate emergency relief. This is done by first filing a divorce action
with the court and then filing a pendente lite motion for emergency relief.
This motion is very important as it sets the tone for the entire divorce
litigation and must be proper in form and substance. If you need assistance
through this process,
contact us for your case evaluation!
The relief that is usually sought in a pendente lite motion includes the
- Temporary; custody, visitation, child support and maintenance (alimony)
- Exclusive occupancy of the marital residence
- Temporary orders of protection
- Award of counsel fees
- Award of appraiser and/or expert fees
- Restraining orders to freeze marital assets, outside the automatic orders
A proper pendent lite motion will consist of the following documents:
- Notice of Motion outlining the exact relief sought
- An affidavit from the party setting forth why the relief is necessary
- An affirmation of an attorney as to the application (especially with respect
to counsel fees)
- Memorandum of law
- The party's sworn Statement of Net Worth
- The party's last two years of tax returns
- The Party's last two paystubs
- The attorney's retainer agreement.
Once this pendent lite motion is submitted to the Court the nonmoving spouse
will have an opportunity to respond in writing. The Court will also schedule
the matter for oral argument and a decision. This usually happens in a
quick time frame, even in a matter of weeks.
The Westchester County Process
In Westchester County, the New York Supreme Court matrimonial part developed
rules governing motion practice including pendent lite motions. The rules
allow for pendent lite motions only in the event of an actual emergency.
Absent an emergency, court permission is necessary to file any motion
after both parties and their attorneys participate in a pre-motion court
conference. The purpose of the pre-motion conference is to try to resolve
the issues raised without the need for written motions.
Get the Help of a Westchester County Family Lawyer
To properly determine if a pendent lite motion is necessary in your divorce
action you must consult with an experienced divorce attorney. The lawyers
at Riebling, Proto & Sachs, LLP have handled countless divorce actions
including pendent lite motions. Our attorneys work aggressively to protect
your rights to get results.
How can an attorney help?
In any divorce action it is essential that you are represented by an attorney.
At the law firm of Riebling, Proto & Sachs, LLP our attorneys have
extensive experience in both uncontested and contested divorce matters.
In fact it is not uncommon that our attorneys may recommend you begin
your matter as an uncontested divorce before moving forward into a contested
litigated divorce case.
We offer a Free Initial Legal Consultation for all Divorce Matters
As part of our commitment to providing excellent legal representation to
all of our clients, whether they are a new client, existing client or
returning client, our Westchester County divorce lawyers provide FREE
INITIAL LEGAL CONSULTATIONS.
Contact our law firm for more information about how our experienced White
Plains divorce lawyers can help you with your divorce matter. Contact
us online or by telephone at (914) 840-5104.