Short-term Divorce Decisions
There’s no question about it: divorce can be thorny. In some cases, they meander on for months– even years. That can make it tricky to start constructing your new life, especially if money is in short supply. To help people navigate the period during which divorce litigation is pending, the court can implement what’s called pendente lite or pendente lis orders– temporary orders that address one partner’s immediate financial concerns on an interim basis. Such orders may or may not reflect what happens when the final divorce order is decreed.
What is Pendente Lite?
If couples wish to physically separate while awaiting the finality of the divorce process, one parent may need support to assist with children, or simply to live on their own. Support, visitation issues and decision-making rights are just some of the short-term orders that Might be attended to through a pendente lite decree.
What is Pendente Lis?
A judge may utilize a pendente lis order for issues related to real estate. Such an order can protect the property of an individual who does not want to part with certain shared assets, such as the family home, until after the divorce is finalized. The lis pendens order can be ascribed to any property title in order to designate that it is part of a legal suit and cannot be purchased.
What Happens at the Pendente Lite Hearing?
Although sometimes parties can come to an agreement outside of court, that’s not necessarily always the case. At a court hearing, should one be required, you and your attorney will have the chance to share evidence and question witnesses that will validate your need for financial support. A number of documents can help with your presentation, including:
- Documented medical expenses;
- Documented child care costs;
- Pay stubs;
- Financial information from your bank;
- Credit card and outstanding bill statements.
Fighting Pendente Lite Requests
For someone on the other side of such a financial request, the pendente lite hearing can incite apprehension at the thought of having to deliver financial support this early on. Here in Florida, you have the opportunity to present your own set of facts to counter the request. You may want to submit the form necessary to contest the request to the court in advance of the hearing. At the hearing itself, you can put forth your argument in person with the help of your attorney and the documentation that corroborates your position.
Can These Orders be Reversed?
It is unlikely that, once such an order is issued, it will be changed prior to the finalized divorce. Undeniably, the final divorce decree may deviate from any of these orders, but chances are they will be close in substance to the temporary orders.
Advocating for You
The dedicated Boca Raton divorce attorneys at WiseLieberman understand the challenges faced in divorce, and always advocate for the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our Boca Raton office today.