Asking for temporary orders while your divorce is pending (pendente lite)

The motion

The court's form is the Motion for Orders Before Judgment (Pendente Lite) (form JD-FM-176). It is filed in your existing divorce case, under the same docket number, and its caption must say it is a pendente lite motion. You can file it with your divorce papers at the start or at any point while the case is pending.

If you are asking for exclusive use of the home, the motion states how long each spouse has lived there, who lives in the home now, including children and relatives, and the facts behind your request: safety, the children's stability, who pays the mortgage or rent, and where the other spouse can stay.

Support requests come with sworn paperwork

• Alimony, child support, or attorney's fees: both spouses' sworn Financial Affidavits (form JD-FM-6) must be on file at least 5 business days before any hearing.
• An initial order of alimony or support can be requested with a sworn supporting affidavit (form JD-FM-303); Connecticut law then requires a hearing on the motion within 60 days.
• Child support: the Child Support and Arrearage Guidelines Worksheet (form CCSG-1) is required at any hearing, and the Advisement of Rights Re: Income Withholding (form JD-FM-71) is required at any hearing on alimony or child support.
• Custody or parenting time: an Affidavit Concerning Children (form JD-FM-164) must be on file before the court makes any order about the children.

If you both agree

Spouses can agree on temporary arrangements and skip the hearing. The agreement is signed by both of you and submitted with a Request for Approval of Temporary Agreement Without Court Appearance (form JD-FM-263). An approved agreement is a court order and lasts until final orders. Our guide on responding to a motion covers the approval forms.

Filing and notifying your spouse

File the motion with the clerk or through E-Services, and deliver a copy to your spouse or their attorney, stating at the end of the document when and how you sent it. The clerk's office can tell you whether your motion needs anything more for notice in your case.

Filing online

You can file through the Judicial Branch's E-Services system at eservices.jud.ct.gov. Enroll to create a User ID and password, activate your account through the emailed link, then request electronic access to your case, which the clerk approves if someone else started the case. Choose your User ID carefully; it cannot be changed and appears on every document you file.

What happens next

The court schedules a court event, often a Resolution Plan Date where you talk to Family Services before seeing a judge. Agreements reached there go to the judge the same day. If there is no agreement, the motion moves to a hearing, and the sworn financial paperwork above is what the court works from. The orders that enter stay in force until the final judgment.

Where to get help

Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify. If you want legal advice, talk to a licensed Connecticut attorney.