Pendente Lite Hearings in Virginia: What to Expect and How to Prepare

Last Updated on December 8, 2025

Separation often begins quietly. You may still live in the same home, follow the same routine, and keep conversations civil, yet feel the shift beneath the surface. When bills, parenting schedules, or living arrangements become uncertain, stress can build even when no one addresses it directly. Many people describe this stage as the hardest part of divorce because life continues, but the rules no longer feel clear.

In 2022, Virginia recorded 2.9 divorces per 1,000 residents according to the Virginia Public Divorce Records. Each of those cases involved real families facing decisions about money, housing, or parenting before a final outcome was reached. That is exactly where a pendente lite hearing becomes necessary.

At Slovensky Law, we guide clients through this stage every day in Roanoke, Cave Spring, Lynchburg, Montgomery County, and the surrounding Virginia courts. Our experience has shown that clear preparation for a pendente lite hearing can protect your finances, your parenting rights, and your daily life when everything feels uncertain.

This article explains how a pendente lite hearing in Virginia works, what the court may decide, which documents matter most, and how to approach your hearing with confidence instead of confusion.

What “Pendente Lite” Means in Virginia Divorce

Pendente lite means “during litigation,” and it refers to temporary relief issued while a divorce is still moving through the courts. A pendente lite Virginia order addresses urgent matters such as support or child care before an outcome is reached. These orders are binding and remain in effect until a new ruling is issued or the trial resolves the dispute.

This type of early court order does not determine fault or decide the final outcome of the divorce. Instead, it provides structure during a transitional period. When financial pressure or uncertainty about parenting time escalates, a pendente lite Virginia hearing becomes an important early step toward stability for many parents.

Virginia Law on Pendente Lite Orders

Under Va. Code § 20-103, divorce courts may issue temporary orders that address custody, financial support, use of the marital home, and payment of living expenses while the case proceeds.

Judges weigh both the need for support and the other party’s ability to meet those needs. When child-related issues are involved, the best interests of the child guide every decision.

Some matters are heard in Circuit Court, and others may begin in Juvenile and Domestic Relations District Court. The appropriate venue depends on the issues raised and the timing of the divorce filing.

Judges also expect clear financial records, consistent information, and organized documentation. Internal disputes that seem personal quickly become legal decisions, so preparation must begin early.

What a Virginia Court Can Decide at a Pendente Lite Hearing

A pendente lite hearing may result in temporary spousal support that Virginia judges base on current financial need and ability to pay. When child support is requested, judges often refer to Va. Code § 20-108.2, which outlines how support may be calculated during the early stages of a case.

Other decisions may include:

• Parenting time or temporary custody
• Exclusive use of the marital home
• Health insurance or coverage responsibilities
• Payment of monthly debts or bills
• Attorney’s fees tied to litigation

When custody is involved, Virginia courts rely on the best-interests legal standard found in Va. Code § 20-124.2, which helps guide temporary parenting time and decision-making until the case moves forward.

These decisions do not finalize the case, but they frame how both parties organize their lives while the divorce proceeds.

How the Process Works in Virginia Courts

To begin the process, a motion for pendente lite relief is filed with the court. Supporting documents may include income records, expense breakdowns, parenting information, and recent financial changes.

Some courts in Roanoke and Cave Spring schedule the Virginia hearing within weeks, while others wait until both sides have exchanged documentation.

In our experience, judges in Roanoke and Cave Spring often request clear financial summaries before setting a hearing. In Lynchburg, some courts require documentation of recent expenses alongside bank records. Procedure varies between counties, so preparation must be tailored to the local courtroom handling your case.

Judges focus on financial stability, child safety, and immediate practical needs rather than long-term resolution. The goal is to maintain order until the full facts of the case are reviewed or the matter proceeds to trial.

Pendente Lite Timeline in Virginia Courts

How to Prepare for Your Pendente Lite Hearing

Preparation protects more than legal position. It ensures your attorney has the information needed to advocate clearly when time is limited. Gathering details in advance reduces pressure when questions are raised in court.

Checklist: What to Bring

• Income statements and recent tax records
• Child care responsibilities or parenting schedules
• Monthly expense breakdown
• Bank statements or account summaries
• Medical or insurance information
• Proof of any change in living situation
• Communication history if conflict has escalated

Your divorce attorney may also request supporting documents for specific issues. Early organization often improves clarity when presenting your position to the court.

Common Mistakes That Hurt a Pendente Lite Case in Virginia

A pendente lite hearing moves faster than most people expect. Small decisions made early can create long-term consequences, especially when money or parenting time is involved. These mistakes often weaken a case before it reaches trial:

• Waiting to collect financial records until the court requests them
• Asking for custody changes without clear documentation
• Making informal parenting agreements outside of court approval
• Assuming support amounts follow a standard formula
• Sending emotional texts or messages that later become evidence

Each mistake can affect how the court views your stability and readiness. Preparation is not just about paperwork. It is about showing the court that your choices are thoughtful and supported by facts.

What the Temporary Order Means After the Hearing

Once the hearing ends, you will leave the courtroom knowing the judge’s decision, even if the written order arrives later. That moment often brings relief, worry, or a mix of both. What matters most is understanding that these rulings are not suggestions. They carry full legal force until the court changes them or a final decision is reached.

If your situation changes after the hearing, Va. Code § 20-109 gives the court the authority to review or modify the order. The process must follow the correct legal path. Making changes on your own, even with good intentions, can weaken your case or lead to legal consequences.

This stage is about protecting your position. Before adjusting parenting schedules, housing arrangements, or finances, speak with your attorney so every step is supported by the court rather than questioned by it.

Get the Clarity You Need Before the Hearing

A pendente lite hearing shapes how you live while your divorce moves forward. Bills, parenting time, housing, and daily routines may all be affected. At this stage, the strongest position comes from preparation rather than reaction.

At Slovensky Law, every case begins with the facts that matter most. We help clients in Roanoke, Cave Spring, Lynchburg, and nearby Virginia communities organize their information, understand their options, and walk into court with a clear plan instead of uncertainty.

Your finances and parenting arrangements should not depend on rushed decisions. With the right legal strategy, a temporary order can protect your stability and give you room to move forward while the rest of your case takes shape.

Schedule your consultation with Slovensky Law today and begin this process with the right direction.