What is a Motion for Pendente Lite Relief?

Pendente Lite is a term that literally means “pending the litigation”. A final trial in a Virginia divorce case can take some time to be scheduled and then to be heard. Between the time of filing a divorce case and when the final divorce trial takes place, when either party needs a temporary resolution to issues such as spousal support, child support, or custody/visitation, Virginia law provides for these issues to be temporarily resolved via a pendente lite motion. Filing a motion for pendente lite relief allows both parties to pursue the divorce case and participate in all the legal proceedings without one party being financially disadvantaged.

Thus, by filing a motion for pendente lite relief, a party to a divorce action can request temporary relief from the Court regarding child custody, visitation, child support or spousal support, advance attorney’s fees, prior to the final divorce trial.

Temporary or Pendente Lite Spousal and Child Support

Parties who need spousal or child support prior to trial and on a temporary basis, can request it by filing a motion for pendente lite relief and scheduling a hearing for the same. It is important to note the difference between Pendente Lite and Permanent Spousal Support, as both provide financial help, but the court uses different considerations in awarding pendente lite spousal support versus permanent spousal support.

While awarding Pendants Lite spousal (and child) support, Virginia Courts usually consider the parties’ current incomes and do not take into account other factors provided in Virginia Code Section 20-107.1. The courts rely upon specific mathematical formulas provided in Virginia Code Section 20-103 and apply it exclusively to those who earn a combined monthly income below 10,000. This formula can vary depending on whether the parties have children below the age of 18 and usually provides support award for combined spousal and child support; only child support; or for spousal support.

Child support is calculated by the court using the Virginia child support guidelines.

The pendente lite spousal and child support award ends once the court enters a final decree of divorce or final divorce order, which will provide the court’s final ruling on the spousal and child support issue.

How Long Does a Pendente Lite Hearing Last?

Loudoun and Fairfax County Circuit Courts usually assign up to 30 minutes for any hearings related to motions for pendente lite relief (support and other requests). Some jurisdictions only hear a motion for pendente lite relief for custody and visitation in cases of true emergencies. During the hearing, all of the necessary documents such as proof of income and insurance documents must be submitted to the court and exchanged with the opposing parties prior to the start of the hearing.

Being successful at a hearing related to motion for pendente lite relief is dependent on the party’s preparation before the hearing and ensuring that all deadlines are met on time. An order for Pendente lite relief holds full legal weight and any violation of the same may lead to a contempt finding by the Court, therefore, it is important to carefully prepare for it.

Depending on the county your case is pending, the pendente lite hearing may be structured differently. Make sure you hire an attorney who is familiar with your particular county’s circuit court rules and procedures. You should also make sure that you provide your attorney all the information and documents she will need to prepare for the pendente lite hearing. Our Virginia family law attorney is here to assist all our clients in successfully navigating pendente lite process.

If you would like assistance in navigating your divorce case and related spousal and child support obligations, get in touch with us today by calling 703-570-4232 or email us at [email protected]. We are located in Reston, Virginia and regularly represent clients with divorce and family law issues in all Northern Virginia Counties, including Fairfax, Loudoun and Prince William County.