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“Pendente lite” is Latin for “pending litigation” and refers to
temporary relief the Court can award to spouses while their divorce
litigation is pending.
A pendente lite hearing is typically scheduled within 3-4 months of the
filing of the initial Complaint. At the hearing, the Court can award
temporary relief to either party, including visitation, child support,
alimony, attorney’s fees, litigation costs, maintenance of health
insurance and use and possession of the family home (if residential
custody is not disputed).
In Montgomery County, a pendente lite hearing is heard before a Family
Division Master in the Circuit Court, who makes recommendations to a
Judge. Either party may file exceptions if they object or disagree with
the recommendations. The exceptions are then ruled upon by a Judge.
Once a pendente lite order is issued by a Judge, it will stay in effect
until the parties’ custody trial and/or divorce trial.
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