What is a pendente lite?

What is a pendente lite?

The term pendente lite is a Latin term that translates to mean “pending the litigation .” For example, pendente lite is used to describe court orders that are put into effect while litigation is still pending, in order to facilitate fair administration of justice.

What is a pendente lite motion in a divorce?

Pendente Lite Motion. A pendente lite motion is the first motion drafted in a divorce case. As the term pendente lite is Latin for “while litigation is pending,” a pendente lite motion is one that is drafted while a matter, such as a divorce, proceeding.

What is a pendente lite order in Maryland?

Maryland Law gives Courts the authority to make temporary pendente lite orders on matters such as physical and legal custody of children, child support, child access schedules, who gets exclusive use and possession of the family home, furnishings, and vehicle, alimony and/or financial support, and attorney’s fees and suit costs where appropriate.

What should I not do during a pendente lite order?

In its essence a Pendente Lite Order is meant to establish an equitable/fair temporary status for everyone. For this reason, it is imperative that you do not do anything or buy anything that is unusual or unreasonable. The following is a non-exhaustive list of some of the things you should NOT do during a divorce:

How do I challenge a pendente lite ruling?

However, if you do want to challenge a pendente lite ruling, you’ll need to file a new pendente lite motion with the court. This will let the court know you’re not happy with the current terms and you want to change those terms by asking a judge to reconsider his initial ruling.

Can a pendente lite order be bypassed?

It is possible to bypass the courts completely when the two parties can reach an agreement through negotiation or mediation and submit it to a court for approval. In a divorce, the most common types of pendente lite orders are temporary alimony, child support, and child custody.

What is the difference between interest interest and pendente lite?

Interest means money paid regularly at a particular rate for the use of money lent, or for delaying the repayment of a debt. In the court of law, pendente lite is a Latin term which means “awaiting the litigation” or “pending the litigation”. This term is applicable on court orders which are in effect while the matter is pending in court.

What happens if the party requesting pendente lite relief starts off wrong?

If the party that is requesting the pendente lite relief starts off on the wrong foot with the judge, either alone or with his lawyer, the repercussions of that misstep may be felt for a very long time.

What is the meaning of pendpendente Lite?

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.

Can a support pendente lite be awarded without determining the merits?

According to the Supreme Court in Reyes vs. Ines-Luciano (G.R. No. L-48219), support pendente lite may be awarded without determining the full merits of the pending action. “Mere affidavits may satisfy the court to pass upon the application for support pendente lite.

How do I modify a pendente lite order?

In most jurisdictions, you first need to show that there has been a material change of circumstances in order to seek a modification. If a court issues a pendente lite order that you think is unfair, you can challenge it when you go to trial, or you can change the terms in your divorce settlement agreement.

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