Pendente Lite Motion Sample With Motion

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

Description

The Pendente Lite Motion Sample with Motion is a legal document filed in a domestic relations case to request temporary relief pending a divorce proceeding. This form is essential when one party (the Defendant) seeks access to shared property, specifically the marital home, to retrieve personal belongings. It outlines the circumstances leading to the need for temporary relief, emphasizes the refusal of the Plaintiff to allow access, and specifies the requests made to the court. Key features include clear sections for case identification, the substantive motion, and a certificate of service for notifying involved parties. Users can fill in the necessary information, such as names and dates, ensuring compliance with local court rules. This form is particularly useful for attorneys, paralegals, and legal assistants who represent clients in family law matters, as it provides a framework for efficient legal action. The document aids in advocating for clients' rights while maintaining a formal approach to legal proceedings.
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How to fill out Alabama Motion For Pendente Lite Relief?

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FAQ

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.

Such an application begins with a Notice of Motion for Pendente Lite Relief. This document specific states the outstanding issues to be addressed by the judge assigned to your case. Next is your Certification in which you provide specific facts about your case and why you are asking for the court's assistance.

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 Examples Divorcing spouses can ask the court to order multiple things to go into effect while the divorce is pending. For example, there might be a temporary parenting plan while the divorce is pending. Or, there could be pendente lite child support or alimony.

In Connecticut, a party can file a motion for exclusive occupancy of the marital residence. In doing so, they're requesting that the court essentially order that their spouse vacate the residence immediately.

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Pendente Lite Motion Sample With Motion