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For every litigant going through a Divorce or Custody Case in Maryland, pendente lite hearings can be a critical step in the case. These hearings are often contested and the outcome of a pendente lite hearing will determine the parties’ rights and obligations on certain issues while their case remains pending. In this article, we answer a few questions that our firm commonly receives about pendente lite hearings in divorce and custody cases in Maryland.
The term “pendente lite” is a Latin term which generally equates to “pending litigation.” In a divorce or custody case, this term generally refers to a type of relief that the Court may issue which is temporary in nature and only to remain in effect while the litigation is pending. The pendente lite ruling will generally remain in effect until the parties settle the case through a final agreement or the case proceeds to trial, at which point the Court may elect to keep the pendente lite ruling in place as the Court’s final decision or do something entirely different.
At a pendente lite hearing, the Court can address a number of important issues including custody, visitation, child support, alimony, use and possession of a marital home and other issues. The issues that the Court will address depends on the specific facts of each case and perhaps more importantly, which issues the parties have asked the Court to address. If neither party asks the Court for pendente lite relief in their filings with the Court, the Court may not grant the parties a pendente lite hearing.
For several reasons, pendente lite hearings are an extremely important part of most divorce and custody cases. First, the issuance of pendente lite relief can help bring stability – in the form of a Court Order – to an otherwise volatile situation. For example, when litigants going through a divorce or custody case separate, there are often disagreements about how much time the children will spend with each parent. Without a Court Order, both parents are left to figure out these disagreements on their own, often resulting in conflict. With a Pendente Lite Court Order addressing custody and access, the parties can have a clearly defined plan about their schedule with the children during the pendency of their case.
Pendente lite hearings are also important because they can bring temporary financial relief to a party deserving of financial support. Child support and alimony are two forms of financial support that are commonly paid on a pendente lite basis during a divorce and custody case. With child support, a Pendente Lite Court Order can help ensure that both parties have adequate financial resources to support the children during the pendency of the parties’ case. With alimony, a Pendente Lite Court Order can ensure that a financial dependent spouse receives the support that they need to maintain basic living standards while their divorce is ongoing.
The timing of a pendente lite hearing will vary from jurisdiction to jurisdiction. Generally speaking, these hearings occur several months after the case has been started. This gives both parties an opportunity to file their initial pleadings with the Court, perform discovery and complete other important case items so that each party can be fully prepared for the pendente lite hearing. In many cases, the Court will schedule the pendente lite hearing at the initial Scheduling Conference so that both parties have a say in when the hearing is scheduled for.
Under certain limited circumstances, the Court may elect to grant the parties a pendente lite hearing on an expedited or fast-tracked basis. This is only granted if a party asks for an expedited hearing and the Court finds that there are sufficient circumstances to warrant such a hearing. It is best to consult with an Attorney about the circumstances of your case to determine whether an expedited pendente lite hearing is appropriate.
Pendente lite hearings are a critical part of divorce and custody cases. The Greenberg Legal Group represents clients in complex divorce and custody matters. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please Contact our office at (410) 237-6558 for further assistance.
