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An introduction to pendente lite motions

Pendente lite motions serve as a critical lifeline in family law issues. These temporary Court orders ensure stability and fairness, offering provisional solutions in child custody, spousal support, and more.

At Coover Law Firm, LLC, our Howard County family lawyers understand the pivotal role these motions play in the broader context of your case. This guide offers a detailed look at pendente lite motions, providing the knowledge and strategies to secure interim relief effectively, ensuring that your rights and needs are protected as your case progresses through the Courts.

What are pendente lite motions?

Pendente lite, Latin for “pending the litigation,” refers to Court orders that are in effect while a case, such as a divorce or custody battle, is ongoing. These temporary orders are crucial as they set interim terms that govern various aspects until a final resolution is reached. In Maryland, pendente lite relief can address child support, custody, alimony, use of the marital home, and more, ensuring stability during legal proceedings.

When should you file a pendente lite motion?

Filing a pendente lite motion is advisable when immediate relief is needed before the conclusion of a case. For instance, if financial support is required, or if there’s a need to establish temporary child custody arrangements, a pendente lite motion can provide necessary interim relief. The filing timing is critical—ideally, it should occur soon after the initial pleadings in a divorce or custody case to ensure that temporary needs are addressed without delay.

How to file a pendente lite motion in Maryland

The process of filing a pendente lite motion in Maryland involves several steps:

Drafting the motion – This document should clearly outline the specific relief requested and why such relief is necessary.
Filing with the Court – The motion must be filed with the same Court where the underlying case is heard.
Serving the motion – The other party must be formally served with the motion to ensure they have an opportunity to respond.
Hearing – The Court will typically schedule a hearing where both parties can present their arguments regarding the temporary relief requested.

To persuade the Court of the need for pendente lite relief, substantial evidence and a detailed account of the circumstances must be provided.

What to expect at a pendente lite hearing

At a pendente lite hearing, the Court considers the parties’ immediate needs and aims to maintain the status quo until the final trial. Evidence, including financial statements, parenting plans, and any relevant communications, can be presented. Both parties will have the opportunity to argue their case, either personally or through their attorneys. The Judge’s decision during this hearing is critical as it will determine the living and financial arrangements for the duration of the legal process.

The impact of pendente lite orders

Pendente lite orders can significantly impact the outcome of the case. While these orders are temporary, they often set a precedent that can influence the Judge’s decisions in the final order, particularly about custody and spousal support arrangements. Understanding the strategic implications of pendente lite orders is crucial.

How Coover Law Firm, LLC can help

At Coover Law Firm, LLC, we specialize in navigating the complexities of family law in Howard County, Maryland. Our experienced attorneys can assist you in filing a pendente lite motion, representing your interests at the hearing, and ensuring that your temporary needs are met without compromising your position in the final stages of the case.

For those considering filing a pendente lite motion or currently in a family law dispute, understanding these temporary orders and strategically planning for them with your attorney is crucial. If you need assistance or have questions about pendente lite motions, contact Coover Law Firm, LLC at (410) 553-5042.