What does pendente lite mean in a divorce?
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. Pendente lite orders are most commonly issued in divorce actions.
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 a pendente lite motion?
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. For example, pendente lite motions are typically drafted to urge the court to grant financial support to the less monied spouse, while the remaining issues are litigated.
What happens at a pendente lite hearing?
When it comes time for a Pendente Lite hearing, the things you want or need most will be put before the court and the judge. Pendente Lite is for temporary “spousal support” but can make a statement for final litigation and set tone for the future of the case.
What is the definition of pendente lite?
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.
What does APL mean in divorce?
Alimony Pendente LiteAPL (Alimony Pendente Lite) This form of support, which means alimony pending litigation, will continue throughout the divorce action, and in most cases, will terminate upon the issuance of a decree in divorce.
What does APL mean in court?
Alimony Pendente Lite (APL) is Latin for Alimony “pending the litigation.” Unlike Spousal Support, the purpose of APL is to assist the financially dependent spouse by providing financial support to assist in the legal costs of the divorce proceedings. A Divorce Complaint must be filed in order to receive APL.
What is a pendente lite hearing in MD?
Pendente Lite is Latin for “awaiting litigation” and is defined as temporary or intermediate relief that a Maryland or District of Columbia Family Court grants to parents while their open divorce or custody case is still pending.
How can I avoid paying spousal support?
Now let's discuss How to avoid Alimony in India?If the Wife is Accused of Adultery. ... Get the Marriage Over With As Soon As Possible. ... If Wife Earns Well. ... If You Prove That They Don't Need It. ... If You Have Physical Disabilities. ... Change How You Live. ... If Your Spouse Has Started Living With New Partner.
How much alimony will I get in PA?
The formula used in the state of Pennsylvania states that the receiving spouse must receive 40 percent of the difference between the spouses' net incomes on a monthly basis. If the couple has children, the formula is altered to 30 percent of the net income difference.
Can I file for spousal support in PA?
PA Spousal Support In Pennsylvania, spousal support is available to the spouse who earns less until a divorce decree is issued, and only then under limited circumstances. If the person requesting spousal support has behaved in a manner that could be grounds for a fault divorce, the court may refuse spousal support.
How long can you delay a divorce in Pennsylvania?
There is a One-Year Waiting Period For Filing for a No-Fault Divorce. If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.
What is a pendant light order?
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.
How do I change custody agreement in Maryland?
If you already have a court order for custody or visitation, you can request the court to change custody or visitation. To do this you may: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by using the Domestic Relations forms.
What is PL court?
A PL hearing or “Pendente lite” is Latin for “pending litigation” and refers to temporary relief the Court can award to spouses while their divorce litigation is pending.
How long does APL last?
about two yearsTherefore, if your divorce is average, you can expect that APL will last for about two years. APL can be limited in certain circumstances. For example, in the case of a short-term marriage (about three years or less), the payor spouse can request that the court limit the duration of APL.
What does AD stand for in court?
ANNO DOMINI, in the year of our Lord, abbreviated, A. D. The computation of time from the incarnation of our Saviour which is used as the date of all public deeds in the United States and Christian countries, on which account it is called the "vulgar vera."
What Is Pendente Lite?
Pendente Lite is a temporary relief pending the judge’s final decision or the resolution of the divorce case. During a marriage, couples or spouses are used to leading a specific lifestyle, but what happens to that lifestyle when they decide to get a divorce?
What Are the Types of Pendente Lite Orders?
In most divorce cases, filing for a pendente lite motion is a great option to settle any issues related to alimony, child custody and child support.
Reasons for Filing a Pendente Lite Motion
It is essential to file a Pendente Lite immediately or at the beginning of your divorce case. You will also need to attach a Case Information Statement, Certifications and Order along with the Motion.
What To Expect From a Pendente Lite Hearing
When determining if you should get pendente lite relief, the judge will closely examine your marital lifestyle. This means that you should be well-prepared and gather pertinent financial records before the hearing (you will have to do this both ways if you’re going through a contested divorce).
Can You Modify a Pendente Lite Order?
Yes, you can definitely modify a pendente lite order, but it’s not an easy process. In order to seek any modification, you need to prove to the court that there has been a material change of circumstances (this is the case in most jurisdictions).
Conclusion
A pendente lite relief helps couples maintain the status quo. It also facilitates addressing any pending issues throughout the whole divorce proceeding.
What are the most common types of pendente lite orders?
In a divorce, the most common types of pendente lite orders are temporary alimony, child support, and child custody. But pendente lite orders can be issued for a variety of issues, such as these: Blocking or restraining the dissipation of assets. Maintaining health insurance and life insurance.
How long does a Pendente lite stay in effect?
Pendente lite orders generally stay in effect until a case is settled, either at the end of a trial or when a settlement agreement has been reached. Once a pendente lite order has been put in place, it is possible to seek a change in the orders, but the process is not easy.
What does "pendente lite" mean?
This Latin term has been around for about 300 years and means “pending the litigation.”. Pendente lite applies to temporary court orders that are in effect while a matter is pending. Although commonly associated with divorces, pendente lite can apply to other legal matters as well.
What is the tendency of attorneys to focus on emotional issues?
The tendency by some attorneys is to overly focus on emotional and irrelevant issues when the court is focused more squarely on statutory issues. While some of this can be introduced in a hearing, it’s best to stick to the facts, which is what a judge will do when deciding your pendente lite fate.
What documents do you use to show your financial affairs to the judge?
You and your spouse will probably both testify, and the attorneys will use documents called income and expense sheets to show the state of your financial affairs to the judge. After this, the judge will issue a ruling, and your hearing will be over. Learn More: How to Prepare for a Divorce Hearing.
How long is a court hearing?
If your hearing is litigated in front of a judge, it is usually a short event, less than an hour in most cases. Each side has takes time to present their evidence, question witnesses, and make their arguments. Usually, the evidence and witnesses are specifically related to income and expenses.
Can a pendente lite hearing be intimidating?
Oftentimes, a pendente lite hearing never even makes it to the judge.
What Does Pendente Lite Mean?
A lot of legal terms of art get through around during divorce . One of the most common terms in divorces is “pendente lite.” The divorce attorneys at Freed Marcroft are committed to making sure that you understand common legal terms. Only then can make the best decisions for you and your family.
Pendente Lite Definition
Pendente lite is a Latin term meaning “awaiting the litigation” or “pending the litigation.” It applies to court orders in effect while a divorce is pending.
Pendente Lite Examples
Divorcing spouses can ask the court to order multiple things to go into effect while the divorce is pending. For example, there might be a temporary parenting plan while the divorce is pending. Or, there could be pendente lite child support or alimony.
The Automatic Orders
The Automatic Orders are a series of orders that go into effect — ahem, automatically– at the beginning of a divorce. The purpose of the Automatic Orders is to maintain the status quo with regard to the spouses’ finances, property, and children while the divorce is pending.
Next Steps
For more information about Connecticut divorce and family law, check out our Divorce Information and Facts. If you have questions or want to learn more about how our team of divorce attorneys can help you with your divorce or Post Judgment issue, please contact us either here or by phone at 860-560-8160.
What is a pendente lite hearing?
A Pendente Lite hearing will often be part of your divorce litigation regardless of the circumstances of your split. It is important for the court to set some preliminary ground rules during Pendente Lite to prevent any confusion between parties and to keep underhanded dealings from occurring.
What is alimony pendente lite?
Restraints on liquidation of marital assets. Temporary financial support for the spouse, also known as “ alimony pendente lite”. Maintaining medical and life insurance premiums and payment of healthcare. Payment of joint liabilities. Sole possession of joint home and vehicles.
Can you be agreeable at a pendente hearing?
Of course, depending on the nature of your separation from your soon-to-be former spouse, things may or may not be agreeable in the realm of what Pendente Lite hearings typically constitute.
What is a pendente lite order?
The “pendente lite” is a Latin term meaning awaiting or pending litigation. 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, ...
What happens after a divorce case is filed?
After a case is filed certain behaviors are expected of the litigants in a divorce case. Unfortunately, for the litigant very few, if any, of these expectations are written down anywhere and the Court will not provide this information.
What does it mean when a litigant is confused?
Most litigants are already feeling confused and anxious about their future, how they will pay for bills, what will happen in the court process, but now each has to worry about how to make decisions in the reality of their newly separated family.
Should litigants change the status quo?
The short answer is that each litigant should do everything he or she can to maintain the status quo and therefore change as little as possible. That is easier said than done when the family now has to pay for two households and the associated bills.
Name
- Pendente lite is not to be confused with lis pendens. While the Latin term lis pendens also translates to mean a pending lawsuit, a lis pendens is a physical document that is filed in the public record, and concerns real estate transactions. Specifically, a lis pendens acknowledges th…
Significance
- Pendente lite relief may be especially necessary in cases where the spouses are living apart. This is to help the spouse who makes less income support another residence while the case is ongoing. The initial request for pendente lite relief can be one of the most important, as well as one of the trickiest, moves one can make in a divorce case. This is because the first impression …
Benefits
- When it comes to pendente lite in divorce and child custody, even spouses who share equal custody time can request relief from the court. What is interesting is that even if a couple does not want to get divorced and only wants to live separate from each other, remedies like temporary child support and spousal support are still available. All one needs to do is file an application wit…
Advantages
- It is best to hire an attorney for pendente lite in divorce and child custody matters if the party to a divorce action is unsure of his or her rights. An attorney can potentially be more effective at protecting his clients rights, than the client might be if he were to pursue pendente lite in divorce and child custody on his own. This is because the attorney knows the law, and therefore may be …
Example
- The following example of pendente lite relief was determined in a case wherein the husband was ordered to stay away from his child by the court. In September of 2004, after dating for about three years, a couple known in the court documents only as C.G. (wife) and F.G. (husband) were married. They had one child together and, while they did not establish an official custody order, t…
Controversy
- In January 2016, the Supreme Court of Richmond County, New York issued a temporary Stay Away Order of Protection (also known as a Restraining Order) against the husband, which directed him to stay away from the child, subject to future orders of the court that would decide his parental rights and access. The Court ultimately gave the father visitation twice per week, under …
Transactions
- The wife offered transcripts of allegedly recorded conversations between her and the husband, and between her and the husbands mother, as proof of these transactions. Despite the fathers denial that his parents provided him only with occasional help, the transcripts provided by the wife reflected the purchases of such things as luxury vehicles and expensive clothes made in his par…
Issue
- Insofar as the remaining issues that the pendente lite motion had covered, the court had this to say:
Resources
- Husbands application regarding parental access shall be addressed by the ongoing Orders of this Court. Husbands application for an expedited hearing on Wifes family offense petition shall be addressed at the Compliance Conference in this action which has been previously scheduled for September 1, 2016. Husbands applications regarding a duty use exception for his firearms and …
Pendente Lite Definition
- Pendente lite is a Latin term meaning “awaiting the litigation” or “pending the litigation.” It applies to court orders in effect while a divorce is pending. Read: Top 7 Legal Terms To Know & Understand During Divorce in Connecticut
Pendente Lite Examples
- Divorcing spouses can ask the court to order multiple things to go into effect while the divorce is pending. For example, there might be a temporary parenting plan while the divorce is pending. Or, there could be pendente lite child support or alimony.
The Automatic Orders
- The Automatic Orders are a series of orders that go into effect — ahem, automatically– at the beginning of a divorce. The purpose of the Automatic Orders is to maintain the status quowith regard to the spouses’ finances, property, and children while the divorce is pending. Essentially, as soon as there is a divorce, there are automatically a series of pendente lite orders that go into ef…
Next Steps
- For more information about Connecticut divorce and family law, check out our Divorce Information and Facts. If you have questions or want to learn more about how our team of divorce attorneys can help you with your divorce or post-judgment issue, please contact us either here or by phone at 860-530-4221.