HofLine Podcast – Episode 22: Pendente Lite Hearings – Sheera, Lori, & Katie

What Is a Pendente Lite Hearing and Why Is It Important?

When you first file for divorce or child custody in Virginia, waiting for a final trial or negotiating a separation agreement can take months, or even longer. In the meantime, bills still need to be paid, living arrangements must be maintained, and children need a consistent schedule. This is where a pendente lite hearing comes in.

“Pendente lite” is a Latin term that translates to “while the litigation is pending.” In Episode 22 of the HofLine Podcast, attorneys Sheera Herrell, Lori Michaud, and Katie Wilcox Carter explain what happens at a pendente lite hearing, why it is often a critical first step in a contested divorce, and how to prepare for your appearance before a judge.

What Can a Judge Decide at a Pendente Lite Hearing?

A pendente lite hearing is designed to maintain the financial and family status quo so neither party is left at an unfair disadvantage while the overall legal process moves forward. Because these hearings are short, typically lasting between 30 minutes and an hour, they focus on immediate, practical needs rather than deep fault-based arguments.

In this episode, Sheera, Lori, and Katie walk through what a judge can order at this temporary stage:

  • Temporary Spousal and Child Support: Ensuring money flows to cover essential living expenses, mortgage payments, and daily childcare needs.

  • Temporary Custody and Visitation: Setting an interim parenting schedule so children have structure and stability.

  • Restraining Orders / Injunctions: Prohibiting either party from selling off marital assets, liquidating accounts, or harassing one another.

  • Exclusive Possession of the Residence: Determining who gets to remain in the marital home while the case is pending.

Understanding how a judge approaches these initial decisions can help you set realistic expectations. To explore this topic in greater detail, read our article on what a judge can do at a pendente lite hearing.

How to Prepare and Avoid Critical Mistakes

Because pendente lite orders remain in place until a final agreement or trial ruling is achieved, what happens at this hearing carries real weight. Preparation is paramount.

Our attorneys discuss practical steps you can take to put your best foot forward, including gathering accurate financial records, outlining current child schedules, and keeping open communication with your legal team. They also highlight common mistakes women make, such as panicking on the courthouse steps or agreeing to unrealistic financial compromises, and explain how to navigate negotiations effectively.

If you are scheduled for an upcoming court appearance, review our complete breakdown on what to expect at a pendente lite hearing.

Protecting Women Throughout the Legal Process

At Hofheimer Family Law Firm, we exclusively represent women, ensuring you have a dedicated legal team advocating for your rights from the very first hearing to the final decree.

Watch the full episode above to learn how to prepare for your pendente lite hearing with confidence.

Need legal representation for an upcoming temporary support or custody hearing? Contact Hofheimer Family Law Firm today at 757-745-9761 to schedule a consultation with one of our experienced Virginia family law attorneys.