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Motion for Pendente Lite Relief
A Pendente Lite motion seeks temporary support and other temporary rulings pending a Final Order of Divorce.
Under Virginia Code §20-103, the court has the authority to order the following types of relief on a temporary basis:
1. Spousal Support
2. Child Support
3. Health care coverage for spouse
4. Health care coverage for children as well as allocation of unreimbursed medical expenses for these children
5. Maintain an existing life insurance policy for the benefit of the children
6. Allocate who has to make payments of debts on a temporary basis, including but not limited to mortgage, credit cards and car payments
7. Allow one spouse to have “exclusive use and possession” of the family residence. Exclusive use and possession means that one spouse can live in the residence to the exclusion of the other spouse, but it does not provide permanent ownership of the residence to either spouse.
8. Preserve the marital assets as well as the estate of either or both spouses so that assets are available for division at a later date
9. Provide money to one spouse from the other spouse so that he or she may pay attorneys’ fees and court costs to move forward with the divorce suit
10. Prevent either spouse from restraining the personal liberty of the other spouse
11. And other relief as may be appropriate.
For example, some judges may also determine who gets exclusive use and possession of jointly owned vehicles.
If you believe that you have an extreme emergency warranting a hearing on the issue of temporary custody or visitation, we will seek an emergency hearing.
Although the court may make temporary decisions as to who may possess or use property, the court does not have the authority to determine ownership of property until the parties reach an agreement as to ownership of such property or until the final divorce (Equitable Distribution) trial takes place.
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