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Pendente Lite: A Comprehensive Guide to Its Legal Definition and Uses
Definition & Meaning
Pendente lite is a legal term that refers to temporary court orders that are in effect while a lawsuit is ongoing. It is commonly used in family law, particularly in divorce cases, to address issues such as temporary child support or alimony. These orders remain valid until the case is resolved, meaning they are contingent on the outcome of the litigation. For example, a court may require one party to pay temporary support to the other while the divorce proceedings are pending.
Table of content
Legal Use & context
Pendente lite is primarily used in family law, especially during divorce proceedings. It allows a court to issue orders for temporary financial support, custody arrangements, or other matters that need immediate attention while the case is still in progress. Individuals can often manage these issues themselves using legal forms provided by services like US Legal Forms, which offer templates for filing petitions or motions related to pendente lite orders.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: During a divorce, one spouse may request pendente lite alimony to help cover living expenses until the divorce is finalized. The court may grant this request based on the financial needs of the requesting spouse.
Example 2: A parent may seek pendente lite child support to ensure that their child's needs are met while custody arrangements are being established in court. The court can issue an order for temporary support during this period.
State-by-state differences
State
Key Differences
California
Pendente lite orders can include specific guidelines for temporary spousal support calculations.
New York
New York courts often require detailed financial disclosures before granting pendente lite support.
Texas
Texas law allows for temporary orders regarding child custody and support to be established quickly to protect the child's welfare.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Pendente Lite
Temporary orders during litigation.
Specific to ongoing cases.
Final Order
Permanent decisions made after a case concludes.
Final orders resolve the case, while pendente lite orders do not.
Temporary Restraining Order
Immediate protection from harm or harassment.
Focuses on safety, while pendente lite addresses financial issues.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing a pendente lite order, consider the following steps:
Gather necessary financial documents to support your request.
Consult with a legal professional to understand your rights and options.
Explore legal form templates available through US Legal Forms to assist with filing your request.
If your situation is complex, seek professional legal assistance to navigate the process effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Possible Costs: Varies by state and complexity of the case.
Jurisdiction: State courts.
Key takeaways
Frequently asked questions
A pendente lite order is a temporary court order that remains in effect while a lawsuit is pending, often used for financial support or custody arrangements.
It lasts until the conclusion of the underlying case, at which point a final order may be issued.
Yes, if you are involved in a legal case that requires immediate attention to financial or custody matters, you can file a request for a pendente lite order.
While you can file without a lawyer, consulting with a legal professional can help ensure that your request is properly prepared and presented.