Legal Pendente Lite Order

LEGAL PENDENTE LITE ORDER

Case Number:   Court:

This Order is entered on in the action brought by Petitioner Name: against Respondent Name: .

RECITALS

WHEREAS, Petitioner filed a petition initiating the above-captioned proceeding on or about , and the matter remains pending before this Court; and

WHEREAS, immediate temporary relief is necessary to preserve the parties' respective rights, to maintain the status quo, and to prevent irreparable harm pending final adjudication of the issues presented to the Court; and

WHEREAS, the Court has considered the affidavits, declarations, and oral representations made by counsel and finds sufficient grounds to issue temporary orders as set forth below;

NOW, THEREFORE

IT IS ORDERED, ADJUDGED AND DECREED that the following temporary provisions shall be effective immediately and shall remain in effect until modified by further order of this Court or by stipulation of the parties approved by the Court.

1. JURISDICTION

The Court retains jurisdiction over the parties and the subject matter of this action for the purpose of entering, enforcing and modifying this Pendente Lite Order. Nothing in this Order shall be construed as a determination of the merits of any claim or defense.

2. TEMPORARY POSSESSION AND USE OF PROPERTY

2.1 Exclusive Use: Petitioner shall have exclusive use and possession of the marital residence located at until further order of the Court, subject to the rights of Respondent as provided in this Order.

2.2 Personal Property: Each party shall have immediate access to their respective personal effects, documents, records, and necessary clothing. Neither party shall remove, sell, transfer, encumber, or dissipate any real or personal property except in the ordinary course of business or by agreement in writing or order of the Court.

3. TEMPORARY CHILD CUSTODY AND VISITATION

3.1 Custody: Temporary custody of the minor child(ren) shall be as follows: Primary physical custody to , with visitation to according to the schedule set forth in Exhibit A attached hereto and incorporated herein.

3.2 Decision-Making: Each parent shall retain the right to consult with health and educational providers concerning emergent matters; major decisions affecting the child(ren)'s health, education, or welfare shall require the consent of both parents unless otherwise ordered.

4. TEMPORARY SUPPORT

4.1 Child Support: Respondent shall pay temporary child support to Petitioner in the amount of $ per month, payable on the first day of each month beginning , to contribute to the reasonable needs of the child(ren).

4.2 Spousal Support: Respondent shall pay temporary spousal support to Petitioner in the amount of $ per month, subject to modification upon a showing of substantial change in circumstances.

5. COSTS, ATTORNEYS' FEES AND EXPERTS

The Court finds that equitable relief requires interim contribution toward attorneys' fees and costs. Respondent shall pay Petitioner the sum of $ as a contribution toward attorney fees within days of this Order, subject to later recalculation at final hearing.

6. INJUNCTIVE RELIEF AND NONDISPARAGEMENT

6.1 Injunction: Both parties are enjoined from transferring, concealing, encumbering, or disposing of assets except in the ordinary course of business or as necessary for reasonable living expenses, until further order of the Court.

6.2 Nondisparagement: The parties shall refrain from making false or derogatory public statements about the other party that are likely to interfere with the other party's reputation or the interests of the minor child(ren).

7. PRESERVATION OF ASSETS AND ACCOUNTING

Each party shall preserve all financial records, tax returns, bank statements, paystubs, retirement account statements, and other documents relating to income and assets. Within days, the parties shall exchange complete financial disclosures including current account balances and consumer debt information.

8. DISCOVERY AND COOPERATION

The parties shall cooperate in expeditious discovery. The Court may set expedited deadlines for production of documents and depositions. Failure to comply with discovery obligations may result in sanctions.

9. NOTICES

Petitioner — Mailing/Service Address

Respondent — Mailing/Service Address

All notices required by this Order shall be in writing and shall be deemed effective upon personal delivery or three (3) calendar days after deposit in the United States Mail, postage prepaid, addressed to the address provided in this Order, or upon delivery to counsel of record.

10. MODIFICATION, WAIVER, AND COUNTERPARTS

This Order may be modified upon a showing of good cause or by written stipulation of the parties approved by the Court. No waiver of any provision of this Order shall be effective unless in writing and signed by the party against whom the waiver is asserted.

This Order may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Order shall be governed by and construed in accordance with the laws of the jurisdiction in which this Court sits. If any provision of this Order is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. This Order constitutes the entire temporary agreement between the parties with respect to the subject matter hereof and supersedes all prior temporary agreements or understandings between the parties.

12. ENFORCEMENT

Any party who violates this Order may be subject to contempt proceedings and such other relief as the Court deems appropriate, including attorneys' fees and costs incurred in seeking enforcement.

NOTES AND EXHIBITS

The parties may attach as exhibits any agreed temporary schedules, including but not limited to parenting time schedules, expense allocations, and lists of exempt assets. Any exhibit attached and signed by the parties shall be incorporated into and made a part of this Order.

Exhibit A — Temporary Parenting Time/Visitation Schedule (if applicable)

IT IS SO ORDERED.

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