In California divorce cases, “pendente lite” orders refer to temporary orders issued by the court to address urgent or immediate issues that arise during the pendency (duration) of the divorce proceedings. These orders are meant to maintain the status quo and provide temporary relief to parties until a final resolution is reached in the divorce.
Here’s a detailed overview of pendente lite orders in California divorce:
- Purpose: Pendente lite orders serve several purposes, including:
- Providing financial support to a spouse or children during the divorce process.
- Allocating temporary child custody and visitation arrangements.
- Addressing temporary use and possession of marital property, such as the family home or vehicles.
- Establishing temporary payment of debts and expenses, including attorney’s fees.
- Types of Pendente Lite Orders:
- Temporary Spousal Support: The court may order one spouse to pay temporary spousal support to the other spouse during the divorce proceedings, based on financial need, ability to pay, and the standard of living established during the marriage.
- Temporary Child Support: Pendente lite orders may include temporary child support payments to ensure that children’s financial needs are met while the divorce is pending.
- Child Custody and Visitation: The court may establish temporary child custody and visitation arrangements to maintain stability and continuity for the children during the divorce process.
- Payment of Debts and Expenses: The court may allocate responsibility for paying marital debts and expenses, such as mortgage payments, utilities, and insurance premiums, during the divorce proceedings.
- Attorney’s Fees and Costs: Pendente lite orders may require one spouse to pay attorney’s fees and litigation costs for the other spouse, especially if there is a significant disparity in financial resources between the parties.
- Process for Obtaining Pendente Lite Orders:
- Either spouse can request pendente lite relief by filing a motion with the court, accompanied by supporting evidence such as financial declarations, proposed orders, and declarations detailing the need for temporary relief.
- The court will schedule a hearing where both parties can present their arguments and evidence regarding the requested temporary orders.
- The court will consider factors such as the financial circumstances of the parties, the needs of children (if applicable), and the overall fairness of the proposed temporary orders.
- Duration and Modification: Pendente lite orders remain in effect until a final judgment of divorce is issued or until modified by subsequent court orders. Parties can request modifications to pendente lite orders if there is a change in circumstances that warrants a revision of temporary relief.
Pendente lite orders are essential in ensuring that immediate financial and custody issues are addressed during the divorce process in California. They provide parties with temporary stability and support while they navigate the legal complexities of divorce. It’s advisable for individuals involved in divorce proceedings to consult with a knowledgeable family law attorney to understand their rights and options regarding pendente lite relief and other aspects of divorce law in California.