Pendente Lite Applications

Pendentite Lite applications set the tone of the case. A pendente lite motion requests relief during the pendency of the action, until a final decision is made and the case concludes. A well written application may ask the Court to make temporary decisions with respect to maintenance, child support, parental access, payment of household bills, and generally a continuation of the parties' present standard of living until a final decision is made and the case concludes. In this motion, it is important to convey your side of the story to the Judge. You should include details of your marriage in a way that persuades the Judge to look upon you favorably. Remember, you never get a second chance at a first impression. Make sure your motion is detailed, well written, and, most importantly, well reasoned. It is acceptable to stretch a little, but do not ask for things that are ridiculous. Over the last twenty years, I have read motions drafted by other lawyers that are poorly written and make little sense, and oftentimes their clients suffered as a result.

An example of the relief in a pendente lite motion is as follows:

(a) Temporary custody of the unemancipated child of the marriage

pursuant to Section 240(1-a) of the Domestic Relations Law;

(b) Temporary maintenance in the amount of $_______ per month as and for

the support of _________, pursuant to Domestic Relations Law Section

236(B)(6);

the support of the unemancipated child of the marriage, pursuant to

Section 240(1-b) of the Domestic Relations Law;

(d) Directing ___________ to make all such payments retroactive to the date

of this application;

(e) Directing _____________ to maintain life insurance policies on _________

life, and to name ______________ and the child of the marriage as

irrevocable beneficiaries of said policies, and to provide ___________ with

proof thereof at least annually;

(f) Directing __________ to maintain a comprehensive health insurance

policy for the benefit of ___________ and the child of the marriage, and to

provide _____________ with all necessary health insurance forms;

(g) Exclusive use and possession of the marital residence, pending the final

determination of the above-captioned action for divorce, pursuant to

Domestic Relations Law Section 234;

(h) Enjoining __________ from removing any items of personal property

located in the marital residence (other than clothing and personal

effects), and enjoining the transfer of any personal property, real property

or any interest in personal property or real property acquired by the parties

during the time of the marriage until further order of the Court;

(i) Exclusive use and possession of automobile pending the final determination of the

above-captioned action for divorce, pursuant to Domestic Relations Law Section 234;

(j) An Order of Protection, pursuant to Domestic Relations Law Section 240,

directing that ____________ refrain from all abusive, violent or offensive

conduct toward ___________ and that _________ remain away from the

marital residence;

(k) A Restraining Order, pursuant to CPLR Section 5222, prohibiting and

restraining _________ from removing any funds, whether marital in

whole or in part, from any bank, brokerage firm, or other institution,

wherever situated and without limitation; encumbering, pledging, selling

or otherwise transferring or hypothecating any and all assets, whether

marital in whole or in part, wherever situated and without limitation;

(l) A Preliminary Injunction, pursuant to CPLR Section 6311, enjoining,

forbidding and restraining _________, ___________'s agents or employees

from disposing, transferring, encumbering, altering or alienating any and

all marital assets of the parties hereto, specifically including

granting __________ access to any safety deposit boxes in his possession

or in possession of any financial institution, including but not limited to

___________;

(m) A direction that if ___________ has transferred, encumbered, pledged, sold,

or otherwise hypothecated any assets, whether marital in whole or in part,

that any and all proceeds of such transaction or transactions be forthwith

placed into an interest-bearing escrow account to be there held until

further order of the Court;

(n) Directing _________ to pay interim counsel fees, pursuant to Domestic

Relations Law Section 237(d), in the amount of $25,000.00; and

(o) Permitting ___________ to make further application, pursuant to Domestic

Relations Law Section 237, for expert fees including without limitation

appraisers and accountants fees;

Together with such other and further relief as to this Court may seem just and proper;
Pending a determination of the ___________ order to show cause it is hereby:

ORDERED, that the Plaintiff is hereby granted an order of protection; and it is further

ORDERED, that all safety deposit boxes presently located in any XXXXXXXX Bank or any
other financial institution in the name of ________, or any entity in which __________
has control, be restrained and enjoined and nobody be permitted to access same until further
order of the court; and it is further

ORDERED: That ________ be enjoined from transferring any property or diluting any bank
accounts in which he has control, except for ordinary living and business expenses; and it is
further

ORDERED, that service of a copy of this Order and the papers upon which it is granted,
together with the Summons with Notice, filed _________, upon ___________, by personal
delivery on or before the day of , 2010, shall be deemed good and sufficient
service.

ENTER:

Above is a sample of the potential relief available in a pendent lite motion that may be filed by either the Plaintiff or the Defendant. It is equally important to hire a lawyer who can best defend your case should your spouse file his/her own well written and well reasoned motion.

If you are faced with such a motion, you must take great time and care in preparing your response. Your affidavit in response will become part of the Court file and could be used against use down the road. Do not swear to something that is not true. If a Judge perceives you as untruthful with regard to one aspect of your case, how would you expect the Judge to believe you honest with regard to the remainder of the case? Why would a Judge award you custody of your children if the Judge believes you are a liar? Take great care in the words you choose so that they do not hurt you down the line.