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 Suffolk New York Motion for Pendent Lite Relief refers to a legal document filed by one party in a divorce or family law case in Suffolk County, New York, seeking temporary relief until a final determination is made. This motion plays a crucial role in ensuring the financial stability and well-being of all parties involved during the divorce proceedings. The purpose of a Motion for Pendent Lite Relief is to request the court's assistance in addressing pressing matters such as child custody and support, spousal maintenance (alimony), distribution of marital assets, payment of debts, and any other temporary issues that may arise during the divorce process. This motion aims to prevent any undue hardship or imbalance between the parties involved before a final judgment is reached. In Suffolk County, New York, there are different types of Pendent Lite motions, each catering to specific areas of concern. These include: 1. Child Custody and Visitation: This motion addresses the temporary custody arrangement for minor children, as well as visitation schedules for the noncustodial parent during the divorce process. 2. Child Support: This type of motion seeks temporary financial support from one spouse to the other, ensuring the well-being and upbringing of the children. 3. Spousal Maintenance (Alimony): In cases where one spouse requires financial support during the divorce proceedings, a motion for temporary spousal maintenance can be filed. 4. Marital Asset Division: This motion focuses on the equitable distribution of marital property, such as homes, finances, investments, and other valuable assets. To file a Motion for Pendent Lite Relief in Suffolk County, New York, the party seeking relief must submit a detailed affidavit outlining the basis for the requested relief, including the supporting evidence or documentation. The affidavit should clearly explain why the requested relief is necessary, how it will benefit the party, and demonstrate an immediate need for resolution. It is crucial to consult an experienced family law attorney to ensure all necessary information is included and properly presented to the court. Overall, a Suffolk New York Motion for Pendent Lite Relief is a vital legal tool used to protect the interests of individuals going through divorce or family law cases by providing temporary relief in various areas until a final resolution is determined by the court.
