A contested divorce can take a year or more. Bills still come due, children still need a schedule, and someone has to live in the house in the meantime. A pendente lite hearing is how Virginia courts set the ground rules while the case is pending.
What Pendente Lite Means
The phrase is Latin for pending the litigation. Under Virginia Code § 20-103, a judge can enter temporary orders that stay in place until the final decree or until the court changes them.
What the Court Can Decide
- Temporary spousal support.
- Temporary child support, custody, and visitation.
- Who has exclusive use of the marital home.
- Who pays the mortgage and other debts in the meantime.
- Keeping health insurance in place for a spouse and children.
- Protecting marital assets from being sold or spent down.
- A contribution toward attorney fees so both spouses can pursue the case.
How the Hearing Works
These hearings are short and focused. The court will want each spouse’s income, a realistic monthly budget, and supporting documents such as pay stubs, tax returns, and bank statements. For temporary support, courts often use guideline calculations as a starting point. Our article on how spousal support works in Virginia explains the longer-term analysis.
Why It Matters More Than Its Name Suggests
A temporary order does not bind the judge at the final hearing. In practice, though, the arrangement that works for many months often becomes the baseline for settlement talks, particularly for parenting schedules. Going in prepared is worth the effort.
How to Prepare
Gather your financial records early. Build an honest budget rather than an aspirational one. Keep a record of the parenting schedule you have actually been following. And talk with your lawyer about whether the issues can be resolved by agreement – many pendente lite matters in Roanoke and Salem are settled with a consent order before the hearing date.
Talk to a Divorce Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps clients throughout Roanoke, Salem, and the surrounding valley with divorce, custody, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.