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.
A motion for pendent elite relief in the legal context refers to a request made by one party during the pendency of a divorce or family law case in Santa Clara, California. This motion seeks to obtain temporary financial support, child custody arrangements, and other necessary orders until a final decision is reached. In Santa Clara County, there are various types of motions for pendent elite relief that can be filed depending on the specific circumstances of the case. These include: 1. Pendent Lite Child Custody Motion: In cases involving child custody disputes, this motion is filed to establish temporary custody arrangements that protect the best interests of the child until a final custody order can be determined. It may cover visitation schedules, decision-making authority, and any necessary protective orders. 2. Pendent Lite Spousal Support Motion: This motion aims to secure temporary financial support paid by one spouse to the other during the divorce proceedings. It takes into account factors such as income disparity, standard of living, and the ability to pay. 3. Pendent Lite Child Support Motion: When there are minor children involved, this motion seeks to establish temporary child support payments to ensure the child's financial well-being during the divorce process. It considers factors such as each parent's income, the child's needs, and the custody arrangement. 4. Pendent Lite Exclusive Use and Possession of Property Motion: In situations where there is a dispute over the use and possession of marital property, this motion is filed to request temporary exclusive occupancy of the family home or other property until the final division of assets is determined. 5. Pendent Lite Restraining Order Motion: In cases involving domestic violence or the need for protection, this motion seeks temporary court orders to protect a victim, including restraining orders, no-contact orders, or orders preventing the removal of children from the county. Santa Clara, California, being located in Santa Clara County, follows specific local rules and guidelines when it comes to filing these motions for pendent elite relief. It is advisable for individuals involved in divorce or family law cases to seek the assistance of a qualified attorney familiar with the local procedures to navigate the legal requirements effectively.A motion for pendent elite relief in the legal context refers to a request made by one party during the pendency of a divorce or family law case in Santa Clara, California. This motion seeks to obtain temporary financial support, child custody arrangements, and other necessary orders until a final decision is reached. In Santa Clara County, there are various types of motions for pendent elite relief that can be filed depending on the specific circumstances of the case. These include: 1. Pendent Lite Child Custody Motion: In cases involving child custody disputes, this motion is filed to establish temporary custody arrangements that protect the best interests of the child until a final custody order can be determined. It may cover visitation schedules, decision-making authority, and any necessary protective orders. 2. Pendent Lite Spousal Support Motion: This motion aims to secure temporary financial support paid by one spouse to the other during the divorce proceedings. It takes into account factors such as income disparity, standard of living, and the ability to pay. 3. Pendent Lite Child Support Motion: When there are minor children involved, this motion seeks to establish temporary child support payments to ensure the child's financial well-being during the divorce process. It considers factors such as each parent's income, the child's needs, and the custody arrangement. 4. Pendent Lite Exclusive Use and Possession of Property Motion: In situations where there is a dispute over the use and possession of marital property, this motion is filed to request temporary exclusive occupancy of the family home or other property until the final division of assets is determined. 5. Pendent Lite Restraining Order Motion: In cases involving domestic violence or the need for protection, this motion seeks temporary court orders to protect a victim, including restraining orders, no-contact orders, or orders preventing the removal of children from the county. Santa Clara, California, being located in Santa Clara County, follows specific local rules and guidelines when it comes to filing these motions for pendent elite relief. It is advisable for individuals involved in divorce or family law cases to seek the assistance of a qualified attorney familiar with the local procedures to navigate the legal requirements effectively.
