If the Court has issued a temporary order, can it be modified later?

By Michele E. D’Onofrio
February 03, 2017
If the Court has issued a temporary order, can it be modified later?

A “temporary order” is also known as a Pendente lite order. A Pendente lite decision is arrived at based on written submissions called “motions” to the Court. The facts and written evidence submitted to the Court by both of the litigants along with oral argument of the attorneys for the parties are considered by the Court. This renders a temporary order that is binding until a judgment of divorce is granted. A Pendente lite motion may address dissipation of assets, temporary support, custody and parenting time, discovery, and a myriad of other issues particular to the case.

Pendente lite or temporary orders can be modified prior to the final judgment of divorce if there is a change in circumstances sufficient to warrant a change in the order. Once a court renders a decision, it is expected to be honored by the parties. A party who is in violation of a court’s order may be held in violation of litigant’s rights and sanctioned. The moving party seeking a modification of support bears the burden of demonstrating changed circumstances.

Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey. To learn more about Michele and her firm – Shimalla, Wechsler, Lepp & D’Onofrio, LLP – visit their firm profile or www.swldfamilylaw.com.

Back To Top

February 03, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.