Maryland Pendente Lite Consent Order
Description
Key Concepts & Definitions
Pendente lite, a Latin term meaning 'pending the litigation', refers to temporary court orders that are in effect until a final order is issued. A pendente lite consent order specifically deals with agreements made by the parties involved, concerning matters like child support, child custody, and spousal support, before the finalization of their divorce. A consent order is a legal document approved by a judge, which formalizes the agreements between parties in a divorce proceeding.
Step-by-Step Guide to Obtain a Pendente Lite Consent Order
- Consult a Family Law Attorney: Engaging a specialist in family law is crucial for expert legal advice and representation.
- File for Divorce: Initiate the divorce proceedings by filing the necessary paperwork with your local court.
- Negotiate Temporary Terms: Through your attorney, negotiate terms related to child custody, support, and real estate with your spouse.
- Draft and Review the Consent Order: Your attorney will help draft the order which must then be approved by both parties.
- Judicial Approval: Submit the draft to the court. A judge needs to review and approve the order for it to be enforceable.
Risk Analysis
Entering into a pendente lite consent order without proper legal consultation can lead to unfavorable terms, particularly concerning child and spousal support, and the division of real estate. It's essential to have thorough negotiation and accurate representation during this process to safeguard ones interests. The temporary orders are binding till the final decree, making any oversight at this stage impactful in the long run.
Best Practices
- Engage Expert Legal Support: Working with a family law attorney ensures that your rights and interests are well-represented.
- Thorough Documentation: Keep all records and documentation organized to support your position in negotiations.
- Amicable Negotiations: Attempt to maintain cordial negotiations to facilitate a smoother temporary agreement.
Common Mistakes & How to Avoid Them
- Overlooking Financial Details: Ensure all financial elements, such as assets and debts, are clearly outlined and agreed upon.
- Underestimating the Need for Expert Advice: Professional legal advice is crucial in interpreting and crafting the consent order.
- Ignoring Long-term Impact: Consider the long-term consequences of the temporary orders, especially related to support and custody.
How to fill out Maryland Pendente Lite Consent Order?
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FAQ
So at what age can a child refuse visitation?. 10 or 12-year-old child is entitled to have their feelings heard and given weight in legal proceedings about custody and visitations. Children who are above the age of 16 are allowed to decide on their rights.
A child does not really get to decide where they want to live until they are 18 and no longer legally a child. In Maryland, at age 16, a child can file a petition to change their custodial situation.
Pendente Lite hearings usually take place about 3-4 months after the filing of the initial complaint for divorce or custody; this will give the parties enough time to adapt and get accustomed to a feasible arrangement that could become long-term.
Can pendente lite orders be modified? Yes, but it's not necessarily an easy ruling to change. In most jurisdictions, you first need to show that there has been a material change of circumstances in order to seek a modification.
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 divorce) is pending.Pendente lite should not be confused with lis pendens.