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Among the many orders which Maryland family courts can issue here in this state, “pendente lite” orders are among those which we have discussed the least. This is partly due to the fact that these orders aren’t issued too frequently. Pendente lite orders are those which are granted while the divorce case is still pending, in other words, prior to a trial which settles all outstanding disputes between the parties. Pendente lite orders can address various issues among the parties, not just one issue or a specific set of issues. These orders can address alimony, child custody, and even property distribution to some degree, they aren’t restricted or limited to just a single matter. Courts grant these orders based on a complex, individualized analysis, and all relevant factors are taken into consideration.
The case of Bussell v. Bussell (2010) is not recent, but it presents a useful scenario involving the granting, and the upholding, of a pendente lite order which covered multiple issues.
Facts of the Case
The parties in this case were married in 1995, and had two sons. By all accounts, the marriage was characterized by instability and difficulty, but the parties presented somewhat conflicting testimonies as to the exact nature of the problems. The wife contended that the husband had been unfaithful, and also that he had been emotionally abusive.
The husband worked as a physical education teacher in Prince George’s County, and apparently made nearly double the income of the wife. The wife was employed full-time as a manager for a local retail store, and also carried the majority of the burden with respect to the children’s caretaking.
After the divorce was initiated, the wife petitioned for multiple forms of relief as part of a pendente lite order: she requested alimony, primary physical custody of the children, and also use and possession of the marital home. The husband objected to these requests, and the trial court entered judgment in favor of the wife after its analysis. The husband then appealed this order and the matter came before the appellate division.
Ruling & Discussion
The appellate division affirmed the trial court’s ruling on all points, and so the pendente lite order’s alimony, custody, and property distribution aspects were all upheld. Prior to its analysis on these substantive issues, the appellate court went over the procedural issues which needed to be addressed first. Given the timing of the husband’s appeal, there was a possibility that his appeal of this order (pendente lite orders are classified as “interlocutory orders”) would be defeated prior to any analysis of its merits. But, the appellate division held that this procedural defect didn’t prevent an analysis on the merits.
The appellate division reasoned that the trial court had not abused its discretion by granting the pendente lite order (with its particular provisions). Based on the testimonies and other evidence provided, the trial court could’ve reasonably concluded that awarding the wife primary custody was “in the children’s best interests,” that the award of the use and possession of the marital home was consistent with this same principle, and that the financial data presented supported the award of the temporary alimony. Importantly, the husband had not presented any legal argument to support his contentions, but instead relied on poorly substantiated factual disputes.
Pendente lite orders are a significant aspect of the overall divorce process, as these orders can confer substantial immediate relief to those with certain needs and circumstances. Having a skilled family law attorney is vital for navigating these orders, and preparing a viable request when such orders are necessary.
Contact the Murphy Law Firm for Additional Information
Readers who want to know more about pendente lite orders, alimony determinations in Maryland, child custody disputes, or any other pertinent family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
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