Pendente Lite Hearings and Their Meaning

Pendente Lite Hearings

Like most court systems, the state of Maryland has a series of hearings that must be held in order for a custody arrangement to be established. The first of these is a pendente lite hearing. Pendente Lite is Latin for “awaiting litigation” and is defined as temporary or intermediate relief that a Maryland or District of Columbia Family Court grants to parents while their open divorce or custody case is still pending. These hearings are designed to establish and/or preserve the status quo of the parties and resolve pertinent issues while waiting for a final trial.

When do Pendente Lite Hearings usually schedule?

Pendente lite hearings usually will have scheduled as the first official hearing where testimony has taken. And the evidence has put on before a Maryland Family Court Judge or Magistrate. Pendente Lite hearings usually take place about 3-4 months after the filing of the initial complaint about divorce or custody. This will give each party enough time to adapt. Also, will have to accustom a feasible arrangement that can become long-term.

Why does Pendente Lite Hearing hold?

Pendente Lite hearings usually held immediately following a separation of the parties. It can be emotionally and financially chaotic for all parties involved. The Pendente Lite hearing designs in giving parties some type of guidance on how to proceed with life. Whether separated and parse through what issues still need to be resolved. The temporary arrangement that has put forth as a result of a Pendente Lite hearing will base on the best interest of the child. A court may award temporary Pendente Lite relief to the parties on the issues of:

• Custody (both legal and physical)
• Access/visitation
• Child support
• Alimony
• Use and Possession of the Marital Home
• Attorney Fees
• Health Insurance Coverage and Maintenance

How do Pendente Lite Hearings relate to an ultimate custody and property arrangement?

In most cases, a Circuit Court Magistrate usually decides the Pendente Lite hearing’s outcome. They rule on the foregoing issues and make recommendations to a Judge. Unless—and until—either party files exceptions to that ruling. The ruling will stay in effect until the final hearing on the merits of the original complaint held. At that final Trial on the Merits of the case, a Judge usually rehears the case. Pendente Lite's findings usually will not be binding on a judge at the final hearing. If the Pendente Lite's hearing has gone well the parties seem to adapt the parameters set forth. Then the final order may have been similar to the pendent Lite's order.

Strategically preparing for and properly litigating pertinent information at a Pendente Lite hearing can be essential to the overall outcome of your Maryland Family matter.  You need an experienced Maryland Family attorney who will advocate on your behalf and ensure that your Pendente Lite hearing goes smoothly. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule your free criminal consultation at (240) 493-9116 or angel@amurphylegal.com. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal