What is a Pendente Lite Application and Order?

Judge's gavel in courtroom

This Latin phrase, which meaning “waiting lawsuit or pending litigation,” has been used for almost 300 years.

Temporary court orders known as pendente lite are in force while a case is underway.

Although it is most frequently linked with divorces, pendente lite can also be used in other legal situations.

Pendente lite is frequently used in a divorce to offer different types of assistance for the less fortunate spouse while the divorce is ongoing.

It is a move that makes it simpler to enable a fair form of justice without the imposition of unreasonable external obligations that might jeopardize a judicial procedure.

Order in Pendente Lite

Pendente lite orders are often in effect until a case is fully settled, either via a trial or through a settlement agreement with the other party. It is possible to seek a modification in the orders after a pendente lite order has been placed, but the process is not simple.

Each jurisdiction has its method for calculating how much pendente lite should be granted. Some jurisdictions have rigid regulations, while others have more leeway when it comes to determining the amount to which a spouse is entitled.

In California, for example, courts can use a guideline calculation to assess interim spousal support. This calculator is frequently used by family law attorneys to aid clients in estimating what they could obtain.

If the two parties can establish an arrangement via negotiation or mediation and present it to a tribunal for approval, it is possible to fully avoid the courts.

The Most Prevalent Pendente Lite Orders

Temporary alimony, child support, and child custody are the most typical forms of pendente lite orders in a divorce.

Pendente lite orders, on the other hand, might be given for several reasons.

As you can see, in a pendente lite action, just about anything that has an impact, or a cost linked to it, is ‘fair game’.

Don’t try to navigate the legal system on your own. Rather contact an experienced family law attorney to safeguard your rights in key scenarios including alimony, child support, and custody.

Establish a great first impression on the court by crafting a solid pendente lite motion. This is crucial to achieving the best potential result.

When it comes to getting cash or deciding custody and visitation concerns, you want clear and simple guidance supported by the courts.

As you move through your divorce, having this clear direction might help you avoid confrontation.

Pendente Lite Application

The conclusion of a pendente lite application in a marital lawsuit frequently sets the tone for the remainder of the case and may have a significant impact on the outcome.

Early in the case, an uneven or unjust result might signal doom for one side.

The judge who will likely be assigned to the case will normally become acquainted with the parties through pendente lite motions.

This will also be the first time the court learns important details about the parties’ marriage, separation, children, and other essential circumstances in the dissolution process.

One of the most important components of every marriage case is the initial impression.

A Pendente Lite Application Example

Here’s an example of how a court could handle pendente lite relief. It’s only a rough estimate of what a pendente lite order may look like in practice.

The wife of a business executive petitioned the court for pendente lite relief. She claimed in her plea that her spouse earned more than $250,000 each year.

She had been a stay-at-home mom for their two children for the final six years of their marriage by mutual consent, and she was now demanding interim assistance and attorney expenses.

In the end, the court made the following rulings:

  • Temporary spousal support amounting to $5,000 per month.
  • Temporary child support amounting to $2,500 per month.
  • Mandatory child support add-ons are split 50/50. (Unreimbursed medical bills for your children, as well as daycare so you may work)
  • $30,000 for the wife’s legal expenses.

The court also decided that because the wife was living in the family home, she was liable for paying the mortgage, property taxes, and other housing bills.

Is it Possible to Modify Pendente Lite Orders?

Yes, but changing the rule isn’t always simple. To seek a modification in most countries, you must first establish that there has been a meaningful change of circumstances.

If you believe a court’s pendente lite order is unjust, you have the option of challenging it at trial or changing the terms of your divorce settlement agreement.

The assumption that if pendente lite orders operate well temporarily, they could likewise function well permanently is what you’ll be fighting. Because of this, a judge may decide to make them permanent in a final divorce decision.

You’ll need to submit a fresh pendente lite motion with the court if you wish to appeal a pendente lite ruling.

This will inform the court that you are unhappy with the present conditions and wish to amend them by requesting the judge to rethink his earlier decision.

This is known as a move for reconsideration in most jurisdictions.

It’s a good idea to speak with an attorney to see whether you have any grounds for reconsideration under your state’s laws.

You won’t be able to make a move to reconsider the same material that has already been determined in most jurisdictions, so you’ll have to offer new evidence to get your motion considered.

You might also try to persuade the court that the initial evidence was misconstrued or misunderstood during your initial hearing.

A big change in your situation, such as a job loss or serious sickness, may have impacted you in certain situations. These might also be legitimate grounds for requesting a change.

You and your lawyer will need to draft and file a motion outlining your grounds for requesting a revision.

In most jurisdictions, you only have a certain amount of time to file a move for reconsideration, so make sure you know what that deadline is.

You’ll need to respond swiftly because the deadline is usually short.

A court clerk will set a date for your new hearing once you file.

Patricia Godwin

Patricia has many years of experience as a content writer on various subjects, and she is the Editor of Lifestyle Divorce. Patricia’s worked as the Practice Manager at an International Divorce and Family law firm for over 15 years. She is a qualified Counsellor, and she has had many counselling sessions with people considering or going through a divorce.

Recent Posts