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.
Washington Motion for Pendente Lite Relief
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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.
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.
§ 16.1-278.17. Pendente lite support.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
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.
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.
?Pendent lite? spousal support allows courts to order temporary spousal support to maintain the financial status quo between the parties during divorce proceedings.
Pendente lite means pending litigation. In the context of spousal support, the court might make a pendente lite award of support. That means the support award will stay in effect while the case is pending and at the final hearing the court will make a determination as to what happens with support permanently.
