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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.