Powered by Squarespace
  • Collaborative Divorce: A New Paradigm
    Collaborative Divorce: A New Paradigm
    by Pauline H. Tesler, Peggy Thompson
  • The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids--Without Going to Court
    The Collaborative Way to Divorce: The Revolutionary Method That Results in Less Stress, Lower Costs, and Happier Kids--Without Going to Court
    by Stuart G. Webb, Ronald D. Ousky
  • Stop Fighting Over The Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations (Mike Mastracci's Divorce Without Dishonor)
    Stop Fighting Over The Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations (Mike Mastracci's Divorce Without Dishonor)
    by Mike Mastracci
  • Difficult Conversations: How to Discuss What Matters Most
    Difficult Conversations: How to Discuss What Matters Most
    by Douglas Stone, Bruce Patton, Sheila Heen
  • Crucial Conversations: Tools for Talking When Stakes are High
    Crucial Conversations: Tools for Talking When Stakes are High
    by Kerry Patterson

Legal Disclaimer

 

The information in the KarenRobbinsLaw.com website is provided as a general reference work as a public service and is attorney advertising material.  The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue. The use of this material does not create an attorney-client relationship with Karen Robbins, Attorney at Law. When transmitting information over this website, you understand and agree that Karen Robbins, Attorney at Law will have no duty to keep confidential the information.

 Because the information posted on this website and provided in the accompanying podcasts and blogs is prepared for a general audience, without investigation into the facts of each particular case, it is not legal advice: Karen Robbins does not have an attorney-client relationship with you. The thoughts and commentary about the law contained on this site is provided as a service to the community, and does not constitute solicitation or provision of legal advice.

While we endeavor to provide accurate information at this website and in the podcasts and blogs, we cannot guarantee that the information provided here (or linked to from this site) is accurate, complete, or adequate. We provide this general legal information on an ‘as-is’ basis. We make no warranties and disclaim liability for damages resulting from its use. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, so nothing provided at this site or in the accompanying podcasts, should be used as a substitute for the advice of competent counsel.

Finally, using this website or sending email to the host or any guests on the podcast does not create an attorney-client relationship.

The material in this website may be considered advertising under applicable rules.

 

 

 

 

Questions You Want Answered > What is the Court Process? > What is a pendente lite hearing?

Search the FAQ for entries containing:

“Pendente lite” is a Latin term which means “during the litigation.”  Its purpose is to make sure that both parties to the case have enough money to pay their basic expenses and some access to their children while the case is working its way through the court system.  In some cases, especially when one spouse has access to savings and the other does not, the court could order one spouse to contribute to the legal fees of the other at a pendente lite hearing. 

 

The only factors the court uses to order financial support for a spouse at this hearing are the recipient’s basic needs and the payor’s basic ability to pay.  Because of this, pendente lite spousal support tends to be higher than a final spousal support order, where the court applies 10 different factors to determine whether and how much spousal support should be awarded.  Conversely, as a pendente lite child access schedule is simply to ensure the children see both of their parents, a smaller award of time at a pendente lite hearing does not necessarily determine the final access schedule, as there too are 10-12 factors the court uses at the final hearing to determine an appropriate custodial arrangement.

You can help your client help you by beginning to pull together your last few years of tax returns and W-2’s, 6-12 months of pay stubs, as well as to compile a list of possible witnesses who can testify at the upcoming hearing  Please provide to your attorney the person's name, a way to contact them and a short summary of what they can testify.  Your attorney will need witnesses that can testify to how you are as a parent, how your spouse is as a parent, and to your income.  Before you put anyone on that list, call them and ask them if they will be willing to testify.  I know it is hard to believe, but many people do not want to be involved in your divorce, nor do they want to appear to take sides.  Although it is true that your attorney can compel them to come to court and testify by serving them with a subpoena, do you really want to call someone as a witness on your behalf who does not want to be there?  That person will not come across well as a witness for you.

Last updated on September 5, 2013 by Karen Robbins, Attorney at Law