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.
Arizona Motion for Pendent Lite Relief is a legal document filed by a party in a divorce or family law case to request temporary relief from the court during the pendency of the case. This motion is designed to ensure that both parties have access to necessary financial resources, protection, and maintenance of their rights until the final resolution of the case is reached. The purpose of the Motion for Pendent Lite Relief is to establish temporary orders that will govern the parties' conduct during the ongoing legal proceedings. These temporary orders may cover a wide range of issues, including child custody and visitation, child support, spousal maintenance, the use and possession of marital assets, payment of attorney fees, and restraining orders. In Arizona, there are several types of Motions for Pendent Lite Relief that may be filed, depending on the specific circumstances of the case: 1. Motion for Temporary Child Custody and Visitation: This motion seeks temporary orders regarding the custody and visitation arrangements for minor children during the divorce or family law case. It outlines the proposed parenting plan, visitation schedule, and any special considerations or restrictions that need to be addressed. 2. Motion for Temporary Child Support: This motion requests the court to establish a temporary child support order to ensure that the children have financial support during the pendency of the case. It includes information about each parent's income, the number of children involved, and any special expenses or circumstances that should be considered in calculating child support. 3. Motion for Temporary Spousal Maintenance: If one party is financially dependent on the other, they may file a motion seeking temporary spousal maintenance or alimony to cover their living expenses while the case is ongoing. This motion presents information about the requesting party's financial needs and the other party's ability to pay. 4. Motion for Temporary Use and Possession of Marital Assets: This motion addresses the use and possession of marital assets, such as the family home or vehicles, during the pendency of the case. It may seek exclusive possession of certain assets or establish a schedule for shared use. 5. Motion for Temporary Restraining Orders: If there is a need for immediate protection, a party may file a motion seeking temporary restraining orders or injunctions against the other party. This could include orders to prevent domestic violence, harassment, or dissipation of marital assets. 6. Motion for Payment of Attorney Fees and Costs: In cases where one party lacks the financial resources to hire legal representation, they may file a motion asking the court to order the other party to contribute to their attorney fees and costs. These motions should be supported by relevant evidence, such as financial affidavits, witness statements, or expert opinions, to justify the need for temporary relief. They must adhere to the specific procedural requirements outlined by Arizona law and should be filed with the appropriate court and served on the opposing party. Overall, the Arizona Motion for Pendent Lite Relief serves as a crucial tool to ensure that parties involved in a divorce or family law case have their immediate needs addressed until a final resolution is obtained.
