Are Temporary Orders Available While the Case is Pending?
The laws provide that while a case is pending, a party can obtain temporary orders which are called “pendente lite orders”. These orders can relate to custody and visitation with the children, child support and alimony. There may also be orders for exclusive possession of the family home and allowances (attorney?s fees) to prosecute and/or defend the case. These orders are obtained by filing a Motion with the Court and attending a hearing. At the hearing, the Court will examine the parties Financial Affidavits and hear evidence, if necessary. If the parties are unable to come to an Agreement prior to the hearing, they will meet with a Family Services Officer who will try to help them come to an Agreement. In most instances, the Family Service Officer, who are employees of the Court, will be successful in helping the parties come to an Agreement.
