Divorce can be a stressful and life-altering event for all family members, including children. When a family divides, the legal, financial, and emotional complexities that arise can feel overwhelming.

The Bishop Law Group knows the strain and hardships that family law cases present. We are here to guide you through these troubling times with expertise and compassion. 

At The Bishop Law Group, our seasoned Baltimore family law attorneys will listen to your side of the story, answer your questions, and address your concerns.

We know what a difficult time this is for you and your family, and we strive to find the most effective and cost-efficient solution to your problems. Above all, this is your life and your case; we will not make any decisions without your involvement and approval.

If you are seeking an experienced and compassionate family law attorney you can trust, call The Bishop Law Group today to discuss the details of your case.

Founded in 2018 by Brian Bishop, our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas. 

Pendente Lite

Divorce and custody cases often take time to resolve, leaving families in uncertain situations during the legal process. Questions may arise regarding finances, living arrangements, and child custody.

In Maryland, a pendente lite hearing addresses these concerns, providing temporary solutions until a final resolution is reached.

What Is Pendente Lite?

Pendente lite (pen-DEN-tay LEE-tay) is a Latin term meaning “during the litigation” or “during the suit.” A pendente lite hearing is a court proceeding that determines how specific issues will be managed while a family law case is pending.

Issues Addressed at Pendente Lite Hearings

These hearings often address:

• Child Custody and Visitation: Temporary arrangements for where the child will live and visitation schedules.
• Child Support: Financial support for the child’s needs.
• Alimony: Temporary spousal support.
• Financial Responsibilities: Payment of attorney fees, mortgage, family vehicles, and health insurance.

Purpose of a Pendente Lite Hearing

The primary goal of these hearings is to maintain stability and normalcy for the children and ensure financial support for the parties during the litigation process.

It aims to preserve the status quo until the court reaches a final decision or the parties come to an agreement.

For a free legal consultation, call (410) 390-3101

Do You Need a Pendente Lite Hearing?

Not every case requires a pendente lite hearing. These hearings are most beneficial when one party:

• Lacks financial support during the litigation process.
• Is being denied access to marital funds or regular visitation with their children.

Situations Where a Hearing May Not Be Necessary

If the parties have already established a cooperative arrangement (e.g., one party is paying the mortgage, car payments, or other expenses), requesting a hearing may not be necessary. 

How and When Do Pendente Lite Hearings Take Place?

Pendente lite hearings are not automatic and must be requested by either party.

Requesting a Hearing

• A request can be made in writing or orally during the Scheduling Conference, where the court outlines the timeline and events for the case.
• The court typically schedules pendente lite hearings within three to four months of filing a divorce complaint.

Hearing Timeline and Format

• Hearings generally last between one and six hours, though some courts limit the length to three hours.
• These hearings are often the first opportunity for parties to present testimony and evidence in court.

Who Oversees the Hearing?

• A Family Law Magistrate typically conducts the hearing and makes recommendations to the court.
• A magistrate is a judicial officer appointed to handle specific matters, but they do not issue final rulings.
• In some cases, a Circuit Court Judge may oversee the hearing.

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What to Expect at a Pendente Lite Hearing

Pendente lite hearings focus on immediate, practical concerns rather than hashing out the full details of the case.

Evidence and Testimony

• Testimony will primarily address income, expenses, and financial needs.
• Both parties are required to submit Financial Statements, detailing their current financial situations.
• The magistrate or judge uses this information to determine what temporary measures are needed to stabilize the situation.

Outcomes of the Hearing

The magistrate will make recommendations (or the judge will issue rulings) on temporary arrangements, such as:

• Monthly alimony or child support payments.
• Temporary child custody and access schedules.
• Financial responsibilities, such as paying the mortgage or health insurance.

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Impact of the Magistrate’s Recommendations

Temporary Nature of Recommendations

The recommendations made at a pendente lite hearing are temporary and apply only while the case is ongoing. If the temporary arrangements work well, the parties may choose to incorporate them into their final settlement.

Final Court Decisions

The court will revisit all evidence during the trial before issuing a final order. The final decision may differ from the temporary arrangements set during the pendente lite phase.

What If You Disagree with the Magistrate’s Recommendations?

If you believe the magistrate’s recommendations are incorrect, you have the option to challenge them:

• Filing Exceptions: You can file exceptions to the magistrate’s recommendations within ten days of their issuance. This is a formal request for a Circuit Court Judge to review the matter.
• Appeal to the Appellate Court: If the hearing was conducted by a Circuit Court Judge and you disagree with the ruling, you may file an appeal with the Appellate Court of Maryland.

Contact a Baltimore Family Law Attorney Today 

Pendente lite hearings provide temporary solutions during family law cases, ensuring stability and fairness for all parties. If you or someone you know have questions about pendente lite hearings or any other family law matters, contact The Bishop Law Group.

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Call or text (410) 390-3101 or complete a Free Case Evaluation form