What is a pendente lite order in divorce?

A divorce can take months or even years, and you may not have the resources to afford housing, child care and other daily expenses while your divorce is ongoing. This is why a pendente lite order may be necessary immediately after you file for divorce.

Pendente lite means “pending the suit”, and many family courts hand down pendente lite (or temporary) orders regarding rights to assets and child custody before they enter their final divorce decrees. 

This article explains what a temporary order may do for you and what some courts need before granting a motion for a temporary order in a divorce.

Issues that may arise while the divorce is pending

While you go through the steps of your divorce, you and your spouse might have financial stresses or concerns regarding child custody that need to be addressed right away. These issues could include questions regarding: 

Additionally, while the court weighs the evidence and makes its final determinations for a divorce decree, you and your spouse might be temporarily barred from transferring property or making significant financial or custody decisions. For example, neither of you may be able to:

Pendente lite divorce orders can address these concerns and help you move forward with your life amid court proceedings. However, these orders don’t necessarily affect the decisions the judge will make in your final divorce decree. 

What are pendente lite divorce orders?

After divorce proceedings begin, many states allow either spouse to file for temporary orders that cover the following: 

These orders typically last until the court finalizes your divorce but may terminate earlier if you or your spouse can prove that the orders are no longer necessary. In many cases, the court uses the same criteria to grant temporary orders and to make final decisions on these issues.

Pendente lite custody orders

If you’re a parent, your first concerns in the wake of a divorce petition may be about where your child will live and who will make decisions about their life. If you have a preference, you may ask the court to hand down temporary custody orders. The court bases its decision on what’s in the child’s best interests. To do so, it may consider some or all of the following factors - particularly in a contested divorce where custody is disputed: 

Pendente lite support orders

If you and your spouse have a minor child together, one of you will likely have a child support obligation by the time the court makes its final order. And if you or your spouse has significantly fewer assets or employment opportunities than the other, one of you may be entitled to alimony (or spousal support).

Depending on your circumstances, you may also be able to receive support to keep yourself or your family afloat until the judge finalizes your case. 

Pendente lite child support orders

In general, child support is a must in a divorce involving minor children. Depending on your state’s law, your entitlement to a temporary child support order could be based on factors such as the following: 

Pendente lite alimony orders

Spousal support or alimony isn't a given in every divorce case, so it may be more difficult to convince a family law judge that you should receive a pendente lite alimony order. Many people wonder if the wife filed for divorce, can she still get alimony - the answer is yes, as eligibility depends on financial need, not who initiated the divorce. You may be entitled to temporary spousal support if you can prove that:

Although these are common criteria courts use to determine permanent and temporary alimony orders, standards may differ by state, so check the laws in your area.

When may I request temporary orders in my divorce?

Generally, you may request temporary orders any time before your divorce becomes final. As long as you can prove that the orders are necessary, there's a chance your family court will grant them. Understanding things to know before filing for a divorce can help you prepare for this process.

To prove your right to a temporary order, you might need to provide documentation such as:

How do I request temporary orders?

You likely have to file a motion with the court to request temporary orders in your case. In the request, you may have to provide several details about your family life, your child's needs and your finances, such as the history of your marriage, financial statements, statements from professionals, police reports, medical records and school records. Having a divorce mediation checklist can help you organize these documents ahead of time.

During a hearing, the parties typically need to submit testimony and other evidence regarding their position. If there is a motion for custody and there are concerns about your child’s safety, the judge may request an investigation of the matter. After hearing, the judge enters their decision on your request. Every case is different, and every state is different, but this process could take around a month. 

How an attorney may help

Pursuing temporary orders doesn’t always require attorney assistance, but having the guidance of experienced counsel may make getting what you need easier. When you hire an attorney to handle your divorce case, they can analyze your financial needs and your parenting concerns to see if any temporary orders would relieve some of your divorce-related pressures. An attorney may also gather the appropriate evidence and make the necessary arguments to convince a judge that the temporary orders you seek are warranted.