PRIOR TO THE DIVORCE DECREE

What does pendente lite mean?

1. The latin phrase means "during litigation".
2. It refers to the time after divorce proceedings have commenced and before a divorce decree has been obtained.

How can I make my spouse leave the marital home?

Generally speaking, without a protective order for domestic violence, an exclusion order by the court or until a marriage is terminated, each spouse has the right to reside in the in the marital home.

Am I hurting myself if I move out of the family home?

1. When marital assets include a home, there are several possibilities for its use and disposition. See DS, page 29.
2. If your objective is to remain in the marital home either permanently or temporarily following your divorce, your lawyer may advise you against moving out, even if remaining in the home with an estranged spouse is causing emotional distress.

I am concerned that my spouse has access to my funds. What should I do?

1. When the divorce is “amicable”, it may be best to maintain the status quo on joint bank accounts and other assets until settlement is reached.
2. If the divorce is bitterly contested and there is a reasonable expectation that a spouse will take or hide funds, you and your lawyer should discuss reasonable steps to prevent loss of access to funds and other property.