If you're going through a contested divorce in New Jersey, you may hear your lawyer or the judge use the phrase pendente lite. It sounds complicated. It really isn't.
Pendente lite essentially means while the case is pending. In a divorce, pendente lite relief refers to temporary arrangements that are put in place while the divorce is still being resolved.
Those temporary arrangements can be extremely important.
Divorces can take time, but life doesn't stop while you're waiting for the case to be resolved. The mortgage still has to be paid. Children still need a parenting schedule. Both spouses still have living expenses. Someone may need financial support.
That's where pendente lite relief comes in.
A judge can enter temporary orders addressing issues that need to be handled while the divorce is pending. Depending upon the case, that might include temporary alimony, child support, custody, parenting time, payment of household expenses, insurance, or other financial responsibilities.
The purpose is to establish an arrangement that allows the parties and their children to function while the larger divorce case moves forward.
This is the part that sometimes surprises people.
A pendente lite order can be extremely important, but it generally isn't the final decision in your divorce. It establishes what happens while the case is pending.
I once represented a father in a contested custody case where we obtained pendente lite custody of the parties' three children. The court also ordered the mother to pay temporary child support.
His family was thrilled. After everything that had gone into the case, they understandably felt as though he had won the custody battle.
I had to explain that we had won an important battle, but the case wasn't over. What the court had entered was a temporary custody arrangement while the divorce remained pending.
That's an important distinction.
Don't make the mistake of thinking that because something is called "temporary," it doesn't matter.
A pendente lite order may determine where your children live, how much parenting time each parent receives, who pays which household expenses, and how much support is paid while the divorce proceeds.
Those issues can affect your day-to-day life for months while the case is being resolved.
At the same time, you shouldn't assume that every term in a pendente lite order will automatically become part of the final divorce judgment. Temporary orders can be modified while the case is pending, and the final resolution may be different.
Sometimes spouses can agree on temporary arrangements themselves. If they can reach a reasonable agreement about support, parenting time, household expenses, or other immediate issues, those terms can potentially be put into a consent order without fighting over every issue in court.
When the parties can't agree, one spouse may need to file a motion asking the judge for pendente lite relief.
The judge can then consider the information presented by both sides and decide what temporary arrangements should be in place while the divorce continues.
Temporary financial support isn't necessarily set in stone.
New Jersey courts have recognized that pendente lite support orders are temporary and may be modified before the divorce is finalized. In some cases, the financial issues can also be revisited when the court has a more complete record at the end of the case.
That's another reason you shouldn't look at a pendente lite order and assume you're seeing the final outcome of your divorce.
Pendente lite relief exists because people going through a divorce often can't wait until the final judgment to resolve every important issue.
You may need a parenting schedule now. You may need support now. Someone may need to determine who is paying the mortgage, insurance, or other major expenses now.
A pendente lite order gives the parties a temporary structure while the case moves toward settlement or trial.
If you're going through a New Jersey divorce and want to better understand what happens before the final judgment, my free Divorce Smarter Course explains the process and the decisions you may face along the way.
Until next time,
Steve