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Motion for Orders Before Judgment Pendente Lite in Family Cases

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MOTION FOR ORDERS BEFORE JUDGMENT (Pendente Lite)

MOTION FOR ORDERS BEFORE

JUDGMENT (Pendente Lite)

IN FAMILY CASES

JD-FM-176 Rev. 6-12

C.G.S. § 46b-56, P.B. § 25-24

STATE OF CONNECTICUT

SUPERIOR COURT

www.jud.ct.gov

COURT USE ONLY

MFORPLC Use this docket legend if the child custody box below is checked
MFORPL Use this docket legend if the child custody box below is not checked

Instructions to person filling out this form:

  1. Fill out this form and keep a copy for your records.
  2. Mail or deliver a copy to all attorneys and self-represented parties of record in this case.
  3. File the form with the court clerk's office.
  4. Carefully read and follow the instructions on the court calendar when you receive it.

The

requests court orders concerning (check all that apply):

Certification

I certify that a copy of this document was mailed or delivered electronically or non-electronically on to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery.

Name and address of each party and attorney that copy was mailed or delivered to*

*If necessary, attach additional sheet or sheets with name and address which the copy was mailed or delivered to.

Signed (Individual attorney or self-represented party)

Print or type name of person signing

Order - To Be Completed By The Court

The above motion having been heard, it is ordered that:

By the Court

Signed (Judge/Assistant Clerk)

Print name

Date signed

The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable

accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA.

Enter text

What the Motion for Orders Before Judgment Pendente Lite in Family Cases Covers

A Motion for Orders Before Judgment pendente lite in family cases is a court filing that seeks temporary relief while the main action (for example, divorce or legal separation) remains pending. Typical temporary orders address child custody and visitation, child support, spousal support, exclusive use of the family home, injunctions, attorney fees, and interim discovery or document production. Courts hear pendente lite applications on an accelerated schedule to preserve the parties' status quo and ensure immediate needs are met until a final judgment resolves permanent rights and obligations.

Why Filing a Pendente Lite Motion Matters

Pendente lite orders provide short-term financial and parenting stability, preserve assets, and set temporary responsibilities for both parties while the underlying family case proceeds to final judgment.

Why Filing a Pendente Lite Motion Matters

Who Typically Prepares or Files This Motion

Lead counsel, self-represented litigants, or court-appointed attorneys commonly prepare pendente lite motions depending on case complexity and jurisdictional rules.

  • Individual litigants who need immediate child support or custody protections
  • Family law attorneys representing spouses or parents
  • Legal aid or pro bono counsel assisting low-income petitioners

The motion's formality and timing vary by county; consult local court rules or counsel about filing requirements.

Step-by-Step: Preparing and Submitting the Motion

Follow this concise sequence to prepare a complete pendente lite motion and preserve temporary rights before final judgment.

  • 01
    Draft the Motion: State relief requested and supporting facts.
  • 02
    Assemble Exhibits: Attach income, custody, and safety documents.
  • 03
    Serve the Other Party: Provide statutorily required notice or service.
  • 04
    File with Court: Submit via e-file or clerk's office per local rule.

Core Components of a Professional Pendente Lite Motion

A complete motion organizes relief, facts, legal grounds, exhibits, and procedural requests so the court can rule quickly and fairly.

Caption and Jurisdiction

Identify the court and case number and state the basis for jurisdiction to show the court can issue temporary orders in the matter.

Statement of Relief

Clearly enumerate each temporary order requested (custody, support, exclusive possession), including precise amounts, timeframes, and any proposed enforcement mechanisms.

Factual Basis

Present concise, date-stamped facts showing need for interim relief, such as income loss, safety concerns, or immediate childcare needs supported by documents.

Legal Authority

Cite the statutory or case law basis for relief under state family code or court rules so the judge can evaluate legal sufficiency.

Exhibits and Declarations

Attach sworn declarations and exhibits with exhibit labels; affidavit signatures must meet state notarization requirements where applicable.

Proposed Order

Include a ready-to-sign proposed order formatted per local rules to expedite the court's entry of temporary relief.

Required Motion Information at a Glance

Case Caption: Court, county, docket
Parties: Full legal names
Requested Relief: List and amounts
Supporting Facts: Chronology and evidence
Exhibits: Numbered, labeled files
Signature: Signed and dated

How to Configure an Online Workflow for This Motion

Map the filing workflow to local court and service rules before sending electronic versions for signature or filing.

Field Configuration
Document Format PDF/A for court compatibility
Signature Method Adopt audit-trail e-sign or wet signature per court rules
Attachment Naming Exhibits numbered with clear labels
Service Method Certified mail, e-service, or process server

Technical Considerations for eSubmission and eSigning

Courts and clerks accept different electronic formats and authentication methods; verify local e-filing and signature rules before submission.

  • Accepted Formats: PDF and PDF/A preferred
  • Signer Authentication: Email link, SMS code, or advanced ID
  • Integrations: E-file portals, cloud storage, court tools

Confirm whether the court permits electronic signatures on motions; where required, combine e-signature audit trails with a PDF proposed order for filing.

Filing and Service Flow for Pendente Lite Motions

The typical path moves from preparation to service, then filing and hearing; timelines vary by court but follow consistent procedural steps.

  • Prepare Motion: Draft motion with exhibits and proposed order
  • Serve Opposing Party: Execute service per local rules
  • File with Court: E-file or submit at clerk's office
  • Attend Hearing: Present evidence at the temporary-orders hearing

Typical Deadlines and Hearing Expectations

Expect expedited scheduling for temporary relief; local rules define deadlines for filing, service, responses, and emergency hearings.

Initial Response Window:

Often 20–30 days for formal response

Temporary Hearing Timeline:

Hearing within 14–90 days depending on urgency

Emergency Relief:

Same-day or ex parte hearings in urgent cases

Discovery for Temporary Orders:

Shortened discovery schedules common

Proposed Order Submission:

Provide a proposed order at or before hearing

Key Milestones From Filing to Interim Order

Milestones below show the usual sequence and the court actions you should track after filing a pendente lite motion.

01

Filing Completed

Clerk stamps filing and assigns a hearing date.

02

Service Confirmed

Proof of service is filed with the court.

03

Temporary Hearing

Judge hears evidence and hears requests for interim relief.

04

Order Entered

Judge signs interim order, effective immediately or on specified date.

Common Preparation Mistakes to Avoid

  • Submitting unsigned or undated declarations that the court will return
  • Failing to attach labeled exhibits that corroborate claimed facts
  • Using vague relief requests without specific amounts or schedules
  • Improper service methods that violate local rules and delay hearings

Consequences of An Incorrect or Incomplete Motion

Hearing Delay: Lost
Sanctions: Court fines or sanctions
Order Denied: Relief refused
Contempt Risk: Enforcement actions
Financial Loss: Missed support payments
Evidence Excluded: Late exhibits disallowed

Practical Examples of Pendente Lite Motions

Two concise scenarios show how temporary orders are used to address immediate needs in family cases.

Child Support Example

Parent files for temporary child support after separation, providing pay stubs and a proposed payment schedule

  • Judge grants interim support based on current income evidence
  • The order requires monthly payments pending final adjudication and specifies review at the final hearing.

Exclusive Use of Home

Spouse requests exclusive occupancy due to safety concerns and pending asset division, attaching police reports

  • Court evaluates urgency and living arrangements
  • Judge issues a temporary exclusive possession order with terms for utilities and possession until trial.

Practical Tips for an Accurate and Effective Motion

Adopt these practices to improve clarity, compliance, and the likelihood of prompt temporary relief.

Be Specific About Remedies
State precise support amounts, custody schedules, or possession dates rather than using open-ended language that makes enforcement and judicial review harder.
Attach Verifying Documents
Include current pay stubs, school records, and sworn declarations to substantiate assertions and reduce the court's need for additional discovery.
Follow Local Formatting
Use the court's required margins, caption style, and proposed order template to avoid administrative rejection and expedite consideration.
Confirm Service Methods
Serve the opposing party using a method authorized by local rules and file proof of service promptly to ensure the hearing proceeds as scheduled.

Frequently Asked Questions About Pendente Lite Motions

Answers to common questions about preparing, serving, and filing temporary-orders motions, and about electronic signing where courts permit it.


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