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Pendente lite motion

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Abandoned

Junior Member
New Jersey

My wife and I had been married for five years, when she abandoned our marriage, almost a year ago. We have no children. No real estate. She is gainfully employed earning more now than when we met. She is in good health. She has a college education. When she left, we spit everything up that we acquired during the marriage. Anything we each came with we kept. We both are now living at standards we did before we were married. During that time we have had little or no contact. She has been paying her own bills ever since.
A few months ago she files (pro-se) for divorce, seeking rehab alimony, lawyer retainer fees and a second look at distribution of assets.
I counter denying redistribution of assets with hand written notes and emails showing execution has taken place. Denying retainer fees as we are both pro-se. And denying alimony based on the points of law listed above.
We go to our first case management meeting and the clerk warned her that the points I claimed wound be points she would need to overcome and let her know her case was weak at best. She never answered my counterclaim.
Instead, she files a motion for$2000 per month temporary support, $7500 to retain a lawyer, and a second look at distribution of assets.
Her CIS shows a net of aprox $27k. It also shows that she is spending $200 a month on gifts, hobbies, vacations and another $150 a month on restaurants. The only debt she shows is $1200 in credit cards.
My net is $38k. I cant afford gifts, vacations or the like. No frills. I have 6k in taxes that will be due in April that I don’t know how I will pay. My bottom line shows a slight negative cash flow which explains why I am struggling.
My total net worth is aprox -3k I am 12k underwater with my truck.
How do I answer this motion?
How do I end this nightmare quickly?
 
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Bali Hai

Senior Member
New Jersey

My wife and I had been married for five years, when she abandoned our marriage, almost a year ago. We have no children. No real estate. She is gainfully employed earning more now than when we met. She is in good health. She has a college education. When she left, we spit everything up that we acquired during the marriage. Anything we each came with we kept. We both are now living at standards we did before we were married. During that time we have had little or no contact. She has been paying her own bills ever since.
A few months ago she files (pro-se) for divorce, seeking rehab alimony, lawyer retainer fees and a second look at distribution of assets.
I counter denying redistribution of assets with hand written notes and emails showing execution has taken place. Denying retainer fees as we are both pro-se. And denying alimony based on the points of law listed above.
We go to our first case management meeting and the clerk warned her that the points I claimed wound be points she would need to overcome and let her know her case was weak at best. She never answered my counterclaim.
Instead, she files a motion for$2000 per month temporary support, $7500 to retain a lawyer, and a second look at distribution of assets.
Her CIS shows a net of aprox $27k. It also shows that she is spending $200 a month on gifts, hobbies, vacations and another $150 a month on restaurants. The only debt she shows is $1200 in credit cards.
My net is $38k. I cant afford gifts, vacations or the like. No frills. I have 6k in taxes that will be due in April that I don’t know how I will pay. My bottom line shows a slight negative cash flow which explains why I am struggling.
My total net worth is aprox -3k I am 12k underwater with my truck.
How do I answer this motion?
How do I end this nightmare quickly?
The best course of action is for you to retain an attorney for this matter.
 

Abandoned

Junior Member
The best course of action is for you to retain an attorney for this matter.
Yeah. That would be choice #1.
I need an option #2

First, how do I reply to the motion?
Second, can I file for default on some of the issues in my countercomplaint? Ask them to rule that distribution has already been executed?
 
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Proseguru

Member
Yeah. That would be choice #1.
I need an option #2

First, how do I reply to the motion?
Second, can I file for default on some of the issues in my countercomplaint? Ask them to rule that distribution has already been executed?
Motions are generally responded to by either: motions to strike and memorandum of law or through objections
See your state practice book for filing requirements.

If you had a counter complaint in your response to the original complaint and the plaintiff did not respond to your counter-complaint then yes, you can file for a default for failure to plead. They would likely have several weeks to correct their error and if not, the default will be granted without a hearing being needed.

Same with special defenses .. no reply, it may be granted w/o a hearing.

Consult your practice book and civil procedures...
 

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