What is a Pendente Lite Motion in Divorce
What is a pendente lite motion and when is it commonly used in divorces? Pendente lite is a Latin legal term that means waiting for litigation. This term is used regarding court orders that are in effect until the case has been litigated. These types of motions can be used for many different legal issues, but they are mainly used during a contested divorce in Trussville, Alabama. Pendente lite addresses issues that occur while the divorce process is still ongoing. During the divorce process either of the spouses may file a motion with the court seeking pendente lite relief. This is a way for spouses to get an order on an issue while the divorce is still being settled. This is important because contested divorces can take anywhere from several months to several years.
This form of relief allows for the parties to request an order from the court during a stressful time-consuming divorce. You can file a pendente lite motion at the time that you file for a divorce or at any time during the divorce process. This temporary order can last as long as the divorce process is being settled, or you can request that the order last for a certain period of time. Pendente lite motions do not finalize the divorce as a whole, rather they are a way to handle smaller issues while the divorce is still underway. There are various different instances where one of the spouses and their Hoover divorce attorneys may seek pendente lite relief.
One of the most common types of relief that is sought through a pendente lite motion is temporary custody of children. This is so common because, unlike uncontested divorces, contested divorces can be very stressful and arguments often arise over who has custody of the children. A pendente lite motion allows for these types of disputes to be handled with the court through a proper order. This type of motion is often used to seek temporary relief for child support. This occurs when one spouse does not have a sufficient income to support the children during the divorce process. This is important considering that divorces can take so long, and this motion allows for a lower income spouse to receive relief before the divorce is finalized. This is used to prevent one spouse from having to wait months to even years before they receive child support at the final divorce settlement.
Pendente lite motions can also be used to pay for housing expenses during the divorce process. This issue arises fairly often during divorces as spouses often split up and begin living apart before the divorce is finalized. If one spouse is forced to move or cover expenses such as rent or a mortgage, a lower income spouse may seek relief for these housing expenses. Your divorce lawyer in Bessemer can also file a pendente lite motion if there is domestic violence occurring, in the form of a restraining order.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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