Define: Pendente Lite

“Pendente lite” is a Latin term that translates to “pending the litigation” in English. It refers to temporary orders or arrangements that are put in place during the pendency of a legal proceeding, typically to maintain the status quo or address urgent matters until a final resolution is reached.

Pendente lite orders are commonly used in family law proceedings, such as divorce or child custody cases, to address issues such as temporary child support, spousal support (alimony), temporary custody arrangements, use of marital assets, and payment of attorney’s fees while the case is ongoing.

The purpose of pendente lite orders is to provide temporary relief to parties involved in a legal dispute while awaiting a final judgment or resolution. These orders help ensure that parties’ immediate needs are met and that the legal process proceeds smoothly until a final decision is made.

Pendente lite orders are typically determined by a judge based on the specific circumstances of the case and the parties’ requests or motions filed with the court. The judge may consider factors such as financial needs, living arrangements, child welfare, and the likelihood of success on the merits.

Pendente lite orders are temporary and remain in effect only until a final judgment or resolution is reached in the case. While they are legally binding during the pendency of the litigation, they may be modified or superseded by subsequent orders or agreements reached by the parties.

In some cases, parties may seek to appeal pendente lite orders if they believe the orders were improperly issued or if there are significant changes in circumstances that warrant modification. However, the availability and process for appealing pendente lite orders may vary depending on the jurisdiction and the specific legal rules governing appeals.

Pendente lite orders remain in effect until a final judgment or resolution is issued in the case. Once a final decision is reached, the pendente lite orders are typically superseded by the terms of the final judgment or incorporated into a final agreement between the parties.

Yes, pendente lite orders can be enforced through legal means if one party fails to comply. The non-compliant party may be subject to contempt of court proceedings, fines, or other penalties for violating the court’s orders.

Parties can request pendente lite relief by filing motions or petitions with the court specifying the relief they are seeking and providing supporting evidence or arguments. It is advisable to consult with an attorney experienced in family law matters to ensure that the requests are properly prepared and presented to the court.