When Big Divorce Decisions are Urgent
Divorce can be complicated. Sometimes they can drag on for months, or even years. That can make it difficult to start building a new life. To help individuals manage that time period during which divorce litigation is pending, the court can utilize what’s called pendente lite or pendente lis orders– temporary orders to deal with immediate financial concerns on an interim basis. These orders may or may not reflect what happens when the final order is decreed.
Pendente Lite
If couples wish to physically separate while awaiting the finality of the divorce process, one parent may need support to assist with children. Visitation issues and decision-making rights are just some of the short-term orders that could be addressed through pendente lite.
Pendente Lis
For matters related to real estate, a judge may utilize a pendente lis order to safeguard an individual who does not want to part with certain shared assets, such as the family home, until the divorce is finalized. The lis pendens order can be attached to any property title indicating that it is part of a legal suit and cannot be purchased.
The Pendente Lite Hearing
At the court hearing, you and your attorney will have the opportunity to present evidence and witnesses to substantiate your need for financial support. It will be important to have a number of documents with you, including:
- Financial information from your bank;
- Credit card and outstanding bill statements;
- Medical expenses;
- Child care costs.
Fighting Pendente Lite Requests
For those who are on the other side of the financial requests, the pendente lite hearing can bring anxiety at the thought of having to provide financial support this early on. Here in Missouri, it’s a good idea to present your own set of facts to counter the request. The form necessary to contest the request should be sent to the court in advance of the hearing. At the hearing itself, you can put forth your arguments in person with the help of your attorney and the documentation that supports your position.
Can These Orders be Reversed?
While nothing is impossible, it is very unlikely that, once such an order is issued, it will be changed prior to the finalized divorce. Certainly, the final divorce decree may deviate from any of these orders, but chances are they will be pretty close in substance.
Advocating for You
The dedicated Springfield family attorneys at Courtney & Mills understand the challenges faced in divorce, and always advocate for the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our Springfield office today.
Source:
law.cornell.edu/wex/pendente_lite#:~:text=Pendente%20lite%20is%20a%20Latin,lite%20custody%20and%20child%20support.
