Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.
California Motion for Pendente Lite Relief
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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.
Once you file for divorce you will be able to file a motion for a pendente lite hearing. At this hearing you and your attorney will present evidence, counter evidence presented by your spouse and a judge will make a temporary ruling that is binding on both parties.
How to ask for spousal support Fill out the Request for Order form. Request for Order (form FL-300) ... Fill out the Income and Expense Declaration. Income and Expense Declaration (form FL-150). ... Attach documents to support your case. ... Make copies of your forms. ... File your forms.
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.
Alimony Pendente Lite (APL) is Latin for Alimony ?pending the litigation.? Unlike Spousal Support, the purpose of APL is to assist the financially dependent spouse by providing financial support to assist in the legal costs of the divorce proceedings.
Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. These orders are used a way to prevent arguments between parents about custody related issues and can provide a method of recourse if a parent fails to comply with custody arrangements.
Pendente Lite Custody in Alabama These motions ask the court to issue temporary orders addressing issues that arise while a divorce is pending. The court may address child support, child custody, alimony, and restraining orders. However, temporary orders can set the status quo for permanent custody determinations.
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.
