Motion For Pendente Lite Withdrawal

State:
Alabama
Control #:
AL-MR021
Format:
Word
Instant download

Description

The Motion for Pendente Lite Withdrawal is a formal document used in the Circuit Court of Alabama, specifically within the Domestic Relations Division, that allows a defendant to request temporary relief during divorce proceedings. In this motion, the defendant seeks access to the marital home to retrieve personal belongings, arguing that prior attempts to gain access have been unsuccessful. Key features of the form include sections for detailing the case background, the specific requests being made, and a certificate of service to ensure all parties are notified. This form is vital for attorneys, partners, owners, associates, paralegals, and legal assistants working in family law, as it establishes the necessary groundwork for temporary relief while a divorce is pending. The form must be carefully completed, ensuring all required information is accurately provided, and filed with the court before a scheduled hearing. This document can be particularly useful in situations where one party is denied access to shared property, thus necessitating judicial intervention. Overall, it serves to balance the interests of both parties during the potentially contentious divorce process.
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FAQ

To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.

Pendente lite. (pen-den-tay lee-tay) adj. Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.

Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court orders which are in effect while a matter (such as a sale of goods or a divorce) is pending.

In Latin, Pendente Lite means ?pending the litigation?, which means that a Pendente Lite hearing is a time when orders can be made regarding the matters of a divorce, even if the divorce is still pending. This allows the court to provide a measure of relief to a party while awaiting litigation.

Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.

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Motion For Pendente Lite Withdrawal