a presentation by
Philip R. Yabut, Esq.
Law Office of Philip R. Yabut, P.L.L.C.
Va. Code § 20-103
After a petition is filed, the court can make an
intermediate order regarding divorce,
custody, support,...
A pendente lite order is TEMPORARY. It is in
effect as long as the underlying case is being
litigated, and it ceases as so...
A pendite lite order is NOT PRESUMPTIVE.
That is, the order has no bearing on how the
court will decide the underlying iss...
SPOUSAL SUPPORT
 Includes health care coverage, unless neither
party can obtain it.
 Can also include the payment of deb...
OTHER SPOUSAL PROVISIONS
 Enable either spouse to carry on the pending
suit.
 Prevent either spouse from imposing
restra...
CHILD CUSTODY/VISITATION
AND SUPPORT
 Can create temporary child custody/visitation and
support arrangements while case i...
MARITAL HOME AND ASSETS
 If parties cannot agree, the court can determine
who gets to stay in the marital home during
div...
 While a divorce case is pending
 After filing a child support and/or
custody/visitation petition outside of
divorce
 S...
 Protect the interests of the parties
 Prevent waste or destruction of assets
prior to equitable distribution
 Maintain...
Philip R. Yabut, Esq.
Law Office of Philip R. Yabut, P.L.L.C.
pyabut01@gmail.com
prylaw.com
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Pendente lite

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Transcript of "Pendente lite"

  1. 1. a presentation by Philip R. Yabut, Esq. Law Office of Philip R. Yabut, P.L.L.C.
  2. 2. Va. Code § 20-103 After a petition is filed, the court can make an intermediate order regarding divorce, custody, support, visitation, etc., as the suit is pending.
  3. 3. A pendente lite order is TEMPORARY. It is in effect as long as the underlying case is being litigated, and it ceases as soon as the judge signs the final decree.
  4. 4. A pendite lite order is NOT PRESUMPTIVE. That is, the order has no bearing on how the court will decide the underlying issue(s).
  5. 5. SPOUSAL SUPPORT  Includes health care coverage, unless neither party can obtain it.  Can also include the payment of debts incurred by either party.
  6. 6. OTHER SPOUSAL PROVISIONS  Enable either spouse to carry on the pending suit.  Prevent either spouse from imposing restraint of personal liberty of the other spouse (like a protective order).
  7. 7. CHILD CUSTODY/VISITATION AND SUPPORT  Can create temporary child custody/visitation and support arrangements while case is pending.  Includes monetary support, visitation, health care, living arrangements, education, life decisions, etc.  Non-divorce statutory authority: Va. Code § 16.1- 241(A)(3).
  8. 8. MARITAL HOME AND ASSETS  If parties cannot agree, the court can determine who gets to stay in the marital home during divorce proceedings.  Court may preserve the estate of either spouse to prevent divestment during proceedings.  Court may compel either spouse to give security to abide with any court decree in lawsuit.
  9. 9.  While a divorce case is pending  After filing a child support and/or custody/visitation petition outside of divorce  Spousal support after separating but prior to filing complaint for divorce  Does not affect status of subsequent support determination upon filing divorce complaint
  10. 10.  Protect the interests of the parties  Prevent waste or destruction of assets prior to equitable distribution  Maintain and protect living standard of children and/or financially disadvantaged spouse  Protect relationships between children and their parents
  11. 11. Philip R. Yabut, Esq. Law Office of Philip R. Yabut, P.L.L.C. pyabut01@gmail.com prylaw.com
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