July 17, 2022
Divorce PDL Orders
For many couples, daily life doesn’t change much during the divorce legal process. They may continue sharing a home and depositing paychecks into and paying expenses from a joint checking account. They continue to cooperate so that kids are transported to and from school and extra-curricular activities without incident. These couples, especially those mediating or divorcing collaboratively, can then focus on resolving final divorce issues without the distraction of disputes or short terms problems. For couples that can’t cooperate, court intervention in the form of pendente lite (PDL) orders is needed.
Literally translated, “pendente lite” (pronounced pen-‘DEN-tay ‘LEE-tay) means “pending litigation”. Pendente lite orders are temporary orders that a court can enter after the divorce has started but before its conclusion. PDL orders can help stabilize the couple’s immediate financial, household or parenting situation so that neither spouse is unfairly disadvantaged and children aren’t unnecessarily harmed while the divorce is pending. PDL custody, child support, and alimony are the most common. Orders restricting one spouse’s access to the family home or assigning responsibility for paying certain bills are others.
The benefit of a PDL order in a particular situation may be substantial. For example, to get money to an unemployed spouse who has no access to savings when the other isn’t paying any bills. Or to deal with one parent’s inference with the other’s contact with a child.
Obtaining a PDL order can be time consuming and expensive. A motion must be filed and a hearing scheduled. Unless an agreement can be made, it could be weeks or even months to get to a hearing and a chance to present witnesses and evidence and perhaps weeks or months for a judge to render a decision. During that time, one spouse could be taking advantage of the other in a host of ways, sometimes irreparably.
Whether you might benefit from or even need a PDL order will depend upon your individual situation. An experienced lawyer can work with you to make an analysis considering the possible benefits against the cost, delay, increased acrimony and other factors so that you can make an informed choice to get the best divorce outcome and value.
This article first appeared in the July 7, 2022 edition of The Cheshire Citizen.
« Back to all news