Divorce, custody, separations, and child access issues could be challenging, long and daunting for most people. The court process in Maryland is usually a long process between when a Complaint is filed and the conclusion of the divorce case. Parties may need a temporary resolution from the court to resolve immediate issues regarding child access, alimony, and day to day needs before the final resolution of the divorce case.
A Pendente lite is a Latin phrase that means “during the litigation/Suit.” A PL hearing as it is commonly referred to is a court hearing to determine how certain issues would be handled pending the final resolution of a family case filed before the Circuit Court in any county in Maryland. One party usually request a PL at the Scheduling Conference or by written Motion to address issues such as child custody and access, child support, and alimony. Additional issues such as Attorney fees, use and possession of the marital home and family vehicles, and maintenance of health insurance for the benefit of a spouse and child may also be raised at a PL hearing.
GOAL OF A PENDENTE LITE HEARING
Generally, the goal of a PL hearing is to maintain the status quo of the parties as far as is reasonably possible until the parties can reach a settlement agreement, or the court can make a final decision after a trial on the merits of the case. If one spouse is not getting reasonable access to marital money or regular child access (visitation) to the children, a PL hearing can be requested to ensure that both parties maintain the status quo until the completion and resolution of the case before the court.
DO I NEED TO REQUEST A PENDENTE LITE HEARING
It depends. The decision to request a PL hearing should not be taken lightly and should be made in conjunction with an experienced family attorney. If your spouse is paying certain household bills and supporting you and the child(ren), requesting a PL hearing, you may risk receiving less than what the court orders at the PL hearing. However, if you are not receiving any financial support or have no child access, please speak to one of our experienced family attorneys at the Law Office of Elizabeth Anu Lawrence, LLC. to discuss your legal options.
HOW CAN I REQUEST A PENDENTE LITE HEARING
This request is usually done at the Scheduling conference. It is not an automatic request, and many magistrates would ask questions regarding your request for a PL hearing. Speaking to an experienced lawyer before your scheduling conference would help improve your chances of securing a PL hearing, and making sure that the PL hearing outcome is beneficial to your case.
For More Information about your rights at the Pendente Lite hearing, please call our office on 443.352.3201 or 410.986.0088 or use this link to schedule an appointment.