Pendente lite
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Pendente lite

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Pendente lite Pendente lite Presentation Transcript

  • 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, visitation, etc., as the suit is pending.
  • 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.
  • A pendite lite order is NOT PRESUMPTIVE. That is, the order has no bearing on how the court will decide the underlying issue(s).
  • SPOUSAL SUPPORT  Includes health care coverage, unless neither party can obtain it.  Can also include the payment of debts incurred by either party.
  • 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).
  • 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).
  • 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.
  •  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
  •  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
  • Philip R. Yabut, Esq. Law Office of Philip R. Yabut, P.L.L.C. pyabut01@gmail.com prylaw.com