How to File a Motion for a New Pendente Lite Hearing for a Divorce

By Beverly Bird

Pendente lite orders don’t last forever. They’re temporary until a judge rules on a final divorce decree, or until you and your spouse agree to a settlement the judge signs into a decree. If a judge issues a pendente lite order that you think is unfair, you can challenge it when you ultimately go to trial, or change it in your settlement agreement. However, you might not want to wait that long, especially if you're headed for trial. Judges often figure that if the terms of a pendente lite order work well while your divorce is pending, there’s no reason not to make them permanent in a decree.

Pendente lite orders don’t last forever. They’re temporary until a judge rules on a final divorce decree, or until you and your spouse agree to a settlement the judge signs into a decree. If a judge issues a pendente lite order that you think is unfair, you can challenge it when you ultimately go to trial, or change it in your settlement agreement. However, you might not want to wait that long, especially if you're headed for trial. Judges often figure that if the terms of a pendente lite order work well while your divorce is pending, there’s no reason not to make them permanent in a decree.

Step 1

Familiarize yourself with the family court rules in your state. If you want to file a new pendente lite motion, this implies you’ve already filed one and you’re not happy with the judge’s decision. The courts in most jurisdictions do not allow you to simply file the same motion again, hoping to achieve a better result. You must usually challenge the judge’s decision by filing a motion asking him to reconsider his opinion. In most jurisdictions, this is a motion for reconsideration.

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Step 2

Research the grounds for reconsideration in your state. This might involve consulting with an attorney or visiting a law library, if you have access to one that’s open to the public. The court rules in most jurisdictions don’t permit you to rehash the same information in a motion for reconsideration. You must present new evidence. Alternatively, you can try to prove the judge misunderstood the information you presented the first time, or he overlooked or misinterpreted a point of law.

Step 3

Prepare your motion packet. In most states, this consists of at least two documents: the motion itself and an affidavit or certification explaining your position. The court clerk can usually tell you what documents are required in your jurisdiction and often provide you with forms for each. Generally, your motion document will tell the court you’re seeking reconsideration and your affidavit will explain why you believe the judge erred.

Step 4

File your motion with the court. Special deadlines usually apply to motions for reconsideration. In most jurisdictions, you have a very limited period of time in which to file. For example, in New Jersey, you have only 20 days. The court clerk will assign you a date for a new hearing.

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References

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