Legal Definitions - Pendente lite

Pendente lite is a legal term that means "while the lawsuit is ongoing" or "during the litigation." It refers to temporary orders or arrangements made by a court that are intended to be in effect only for the duration of a legal case, until a final judgment or settlement is reached. These orders are designed to maintain the status quo, provide temporary relief, or ensure fairness and stability while the complex legal process unfolds.

• Temporary Child Custody in a Divorce: When a couple with children files for divorce, the legal process can take many months or even years to finalize. During this time, the court might issue an order for pendente lite child custody and visitation. This means the court establishes a temporary schedule for where the children will live and when they will see each parent, ensuring their well-being and stability throughout the divorce proceedings, until a permanent custody arrangement is determined in the final divorce decree.

• Freezing Assets in a Fraud Case: Suppose a company sues a former executive, alleging that the executive embezzled a large sum of money. To prevent the executive from hiding or spending the disputed funds while the lawsuit is being litigated, the company might ask the court to freeze the executive's bank accounts. If granted, this would be a pendente lite order, meaning the assets would remain frozen only until the court makes a final decision on the fraud allegations, either releasing the funds or ordering their forfeiture.

• Maintaining Property in a Boundary Dispute: Two neighbors are involved in a lawsuit over the exact boundary line between their properties. While the court is gathering evidence and hearing arguments to resolve the dispute, one neighbor might be concerned that the other will build a fence or remove trees in the contested area, potentially causing irreparable damage or altering the landscape. The court could issue a pendente liteinjunction, prohibiting either neighbor from making any changes to the disputed land until the property line is legally established by the court's final judgment.