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.
New Jersey Motion for Pendente Lite Relief
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FAQ
Status Quo After Filing Divorce During a divorce, the ?Status Quo? of the marriage must be maintained, meaning whatever was happening before the divorce was filed, must continue.
Overall, in order to maintain the status quo, a divorcing spouse may file a Motion for Pendente Lite (awaiting the litigation in Latin), which is an application for temporary relief pending the final resolution or decision of a divorce case.
Pendente lite alimony is a spousal support order which is usually ordered while the divorce proceedings are still pending. This form of alimony is used to help cover the lower-income spouse finance their living and legal expenses throughout the divorce process.
The purpose of a Pendente Lite Motion in NJ is to enable the applicant and children to maintain the status quo if possible. A Pendente Lite Motion consists of a notice of Motion, Certifications, Order, and Case Information Statement. The following is what can be granted though a Pendente Lite Motion: Child support.
Pendente lite support is a legal term used to describe temporary financial support that is provided to a spouse during New Jersey divorce proceedings. In some cases, spouses agree that temporary spousal support is acceptable.
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.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
Such an application begins with a Notice of Motion for Pendente Lite Relief. This document specific states the outstanding issues to be addressed by the judge assigned to your case. Next is your Certification in which you provide specific facts about your case and why you are asking for the court's assistance.