Brian D. Perskin & Associates

Understanding Pendente Lite Orders

When couples file for divorce, they do not immediately start living the lives they will lead post-marriage. Often, there is a considerable transition period necessary for the divorce process to be completed. This transition period, however, is taken into consideration by the court and a judge will often issue orders to help the couple function while their divorce is in progress. These orders are called temporary orders or "pendente lite" relief orders.

What Do Pendente Lite Orders Do?

Pendente lite relief orders are temporary court orders that a couple must follow during the course of their divorce proceeding. Because critical divorce issues have not yet been decided, these orders act essentially as temporary divorce terms that allow the couple and their family to live life with as little interruption as possible.

Pendente lite relief orders can address:

  • Child support
  • Child custody
  • Visitation
  • Spousal maintenance (alimony)
  • Residential access (who can live in a marital home)

Additionally, these orders are put in place to preserve the financial circumstances of the couple while their divorce is in progress. Temporary orders prevent either party from making significant purchases on their own, incurring unreasonable debts, transferring or selling major assets, or otherwise meaningfully altering the marital property before it can be assessed and divided by the court.

Can Temporary Orders Become Permanent?

When all of these things are finally examined and ruled on by the court, it is likely that a judge will look to these temporary orders to see if they worked out for the couple during the course of the divorce. If they did and were amenable to all parties, then it's probable that the judge will simply use many of the decisions made for the pendente lite relief orders in the final divorce rulings.

If either party, however, found that these temporary orders were lacking during the divorce process, then these concerns or grievances must be brought up to the judge and effectively argued. Having proven counsel by your side can help ensure that these arguments are compelling and reasonably presented, making a final judgment more favorable on your behalf.

At Brian D. Perskin & Associates P.C., we take the needs and concerns of our clients seriously throughout every stage of their divorce—including the early stages when temporary orders are issued. Our skilled and compassionate team of New York divorce lawyers have more than 40 years of combined experience in the family law practice area and know what it takes to protect our clients' rights and interests.

Get proven, industry recognized counsel by your side during this difficult time. Call our offices today.