Pendente Lite Motion Sample For Divorce

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

Description

The Pendente Lite Motion Sample for Divorce is a legal document used in divorce proceedings to request temporary relief while the divorce is pending. This motion is filed by the defendant, seeking access to the marital home to retrieve personal belongings, particularly when the plaintiff is uncooperative. The document outlines the circumstances surrounding the request, including the plaintiff's refusal to allow access and the specific time constraints faced by the defendant. Key features of the form include sections for case identification, allegations regarding the denial of access, and a request for a hearing to resolve the issue. Filling instructions emphasize the importance of providing accurate information regarding the parties involved and any relevant timelines. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in divorce cases, as it assists in navigating temporary legal needs effectively. Users should ensure the form complies with local court requirements and includes proper service certification to all involved parties. The form serves as a critical tool for resolving immediate disputes that arise during the 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.

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.

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 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.

Reasons Why an Attorney Files a Pre-Trial Motion It is best to file these motions as soon as possible. Housing issues have arisen. A pre-trial motion may help with housing issues ? such as filing a motion to allow that you and the children remain in the marital residence until the divorce is complete.

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Pendente Lite Motion Sample For Divorce