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Circumstances when you can file a pendente lite motion in Rhode Island

On Behalf of | Apr 24, 2024 | Uncategorized

The divorce process is full of legal nooks and crooks, all aimed at securing a fair outcome for both parties involved. In Rhode Island, a pendente lite motion can be filed during divorce proceedings to address urgent issues that need immediate resolution before the finalization of the divorce.

Pendente lite, or “pending the litigation,” motions are typically filed to provide temporary relief while a divorce case is ongoing. They might be filed to address the following urgent concerns.

Immediate financial relief

If during the divorce process you require financial assistance to cover essential living expenses such as rent or mortgage payments, utility bills, groceries or medical expenses, a pendente lite motion can be filed to request temporary spousal support or alimony. This ensures that you have the necessary funds to maintain your standard of living while the divorce proceedings are ongoing and until a final settlement is reached.

Child support relief

Before the finalization of child support arrangements, a pendente lite motion can be filed to establish temporary child support payments to ensure that the needs of the children are met during the divorce process. This temporary support can cover expenses such as food, clothing, education, healthcare and other necessities until a final determination is made regarding child support obligations. It provides immediate financial assistance to the custodial parent, helping to maintain stability and support for the children during this transitional period.

Property relief

If you need to use the marital home or other shared assets during the divorce proceedings, a pendente lite motion can be filed to request temporary possession or use of such property. This can be particularly important if there are disputes regarding living arrangements or access to essential items, such as vehicles or personal belongings. Temporary possession orders can help ensure that both parties have access to the necessary resources to maintain their daily lives while the division of assets is being negotiated or litigated.

Legal guidance is important when determining appropriate circumstances for filing a pendente lite motion in Rhode Island, and to better ensure that a motion is properly prepared and presented to the court.

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