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.
Motion for Pendente Lite Relief
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Multi-State
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US-02526BG
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Word;
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Description
Definition and meaning
A Motion for Pendente Lite Relief is a legal request usually made during divorce or separation proceedings seeking temporary orders from the court. These orders might include child support, spousal support, or exclusive use of property until a final resolution is reached. The term 'pendente lite' means 'pending the litigation,' which reflects the nature of relief sought—interim assistance while the case is ongoing.
Key components of the form
The Motion for Pendente Lite Relief typically includes several essential components:
- Caption: This includes the names of the parties involved and the case number.
- Reason for Motion: A section explaining why the motion is being filed.
- Specific Requests: It outlines what temporary relief is being sought.
- Signature: Signature of the moving party or their attorney.
Each of these components plays a critical role in making the motion valid and comprehensible to the court.
Who should use this form
This form is intended for individuals involved in divorce or legal separation proceedings who need immediate, temporary relief before the finalization of their case. It is particularly useful for parties who may need access to property, financial support, or custody arrangements while the divorce process takes place.
Common mistakes to avoid when using this form
When completing a Motion for Pendente Lite Relief, avoid the following common errors:
- Incomplete Information: Failing to provide all necessary details can result in delays.
- Incorrect Filing: Ensure the motion is filed in the correct court and under the appropriate case number.
- Not Following Local Rules: Each jurisdiction may have specific filing requirements; consult local court rules.
Legal use and context
The Motion for Pendente Lite Relief is often used in family law cases, particularly those involving divorce. It allows parties to resolve urgent matters before the court can issue a final order. This motion aims to ensure fair treatment of both parties during the often lengthy legal process of divorce or separation.
What documents you may need alongside this one
While filing a Motion for Pendente Lite Relief, you may need to gather additional documents such as:
- Financial statements to support requests for monetary relief.
- Proof of your claims regarding property access or custody.
- Any previous court orders that may impact the current motion.
Having these documents ready can strengthen your case and facilitate a smoother court process.
What to expect during notarization or witnessing
If your Motion for Pendente Lite Relief requires notarization, you can expect the following steps:
- Presence of a Notary: Bring your completed motion to a notary public.
- Verification of Identity: You will need to present identification to verify your identity.
- Signature: You must sign the document in the presence of the notary.
Witnessing may follow similar steps, depending on local requirements. This adds a level of authenticity and legality to your motion.
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FAQ
Temporary orders are possible to modify, though the specific standards for modification will vary by state. Some may require a significant change in circumstances to request a change, while others may have lower for good cause standards, which simply require coming up with a valid reason.
In Latin, Pendente Lite means pending the litigation, which means that a Pendente Lite hearing is a time where orders can be made regarding the matters of a divorce, even if the divorce is still pending. This allows the court to provide a measure of relief to a party while awaiting litigation.
Maintenance means providing children, wife or other persons in a position of dependence, with food, clothing and other necessaries. So Maintenance pendent lite means providing living expenses and financial support for the children, wife and other person while a suit is pending.
In Latin, Pendente Lite means pending the litigation, which means that a Pendente Lite hearing is a time where orders can be made regarding the matters of a divorce, even if the divorce is still pending.
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 orders are most commonly issued in divorce actions.In divorce actions, pendente lite orders are typically issued to provide temporary support to the spouse who makes less money, in order to get him or her by until a permanent order can be made.
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.
Pendente lite is Latin for pending litigation and refers to temporary relief the Court can award to spouses while their divorce litigation is pending. A pendente lite hearing is typically scheduled within 3-4 months of the filing of the initial Complaint.