Tennessee Motion for Pendente Lite Relief

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Multi-State
Control #:
US-02526BG
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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.

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FAQ

?Pendent lite? spousal support allows courts to order temporary spousal support to maintain the financial status quo between the parties during divorce proceedings.

Pendente lite. (pen-den-tay lee-tay) adj. Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.

A material change of circumstance may include, but is not limited to, failures to adhere to the parenting plan or an order of custody and visitation or circumstances that make the parenting plan no longer in the best interest of the child.

Pendent jurisdiction. n. in federal procedure, the policy that allows a federal court to decide a legal question normally tried in state courts because it is based on the same facts as a lawsuit which is under federal court jurisdiction. ( It also may be spelled: pendant.

A Latin term meaning "pending the suit" or "pending [the] litigation underway". ACADEMIC TOPICS. legal education and writing.

Parents who can reach an agreement on custody can submit a joint parenting plan to the court. When parents can't agree on parenting responsibilities, each parent should submit his or her own parenting plan to the court at least 45 days before trial. See TN Code § 36-6-404 (2020).

While parents may be tempted simply to enter into informal agreements, they are not legally enforceable. Only a Tennessee court ultimately can modify a valid child custody order. Some situations, however, follow different procedures.

To obtain alimony pendente lite, the applicant must show: Proof of marriage to the other spouse. The existence of a pending divorce. A cause of action or defense with some chance of success. Financial inability to support himself or herself and pay for the expenses associated with divorce.

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Tennessee Motion for Pendente Lite Relief