When a family law matter is filed in court, some issues cannot wait for a final judgment. A pendente lite order is a temporary ruling made while the case is ongoing. These orders help maintain stability and provide direction until the court has enough information to issue a final decision.
Pendente lite orders often address financial support, child custody, property use and other immediate concerns. Because the divorce or separation process can take several months, these temporary arrangements are critical for daily life and responsibilities during that time.
Types of pendente lite orders
Courts can issue a wide range of pendente lite orders depending on the situation and what the parties request. These orders are designed to preserve the status quo and protect the rights of both parties. Common types include:
- Temporary child custody: Courts may establish custody arrangements if there are concerns about safety or routine care. These orders guide parenting time and decision-making responsibilities until a permanent agreement is reached.
- Temporary support payments: If one party relied on the other for financial support, the court can issue an order requiring temporary payments. This may include child support, spousal support or help with household expenses.
- Exclusive use of the family home: Judges may decide which party can stay in the home during the case. If minor children are involved, the parent with primary caretaking duties may be allowed to remain to limit disruption.
- Temporary payment of shared debts: Courts may decide who will pay ongoing bills such as mortgages, loans or insurance until the final division of property is made.
- Prohibition against selling assets: To prevent one party from harming the marital estate, the court may issue a temporary order preventing the sale or transfer of significant assets.
Pendente lite orders play an important role in family law cases by providing clarity and structure during uncertain times. Obtaining legal guidance can be helpful when requesting or responding to these temporary rulings.
