1. a presentation by
Philip R. Yabut, Esq.
Law Office of Philip R. Yabut, P.L.L.C.

2. Va. Code § 20-103
After a petition is filed, the court can make an
intermediate order regarding divorce,
custody, support, visitation, etc., as the suit is
pending.

3. A pendente lite order is TEMPORARY. It is in
effect as long as the underlying case is being
litigated, and it ceases as soon as the judge
signs the final decree.

4. A pendite lite order is NOT PRESUMPTIVE.
That is, the order has no bearing on how the
court will decide the underlying issue(s).

5. SPOUSAL SUPPORT
 Includes health care coverage, unless neither
party can obtain it.
 Can also include the payment of debts
incurred by either party.

6. OTHER SPOUSAL PROVISIONS
 Enable either spouse to carry on the pending
suit.
 Prevent either spouse from imposing
restraint of personal liberty of the other
spouse (like a protective order).

7. CHILD CUSTODY/VISITATION
AND SUPPORT
 Can create temporary child custody/visitation and
support arrangements while case is pending.
 Includes monetary support, visitation, health care,
living arrangements, education, life decisions, etc.
 Non-divorce statutory authority: Va. Code § 16.1-
241(A)(3).

8. MARITAL HOME AND ASSETS
 If parties cannot agree, the court can determine
who gets to stay in the marital home during
divorce proceedings.
 Court may preserve the estate of either spouse to
prevent divestment during proceedings.
 Court may compel either spouse to give security
to abide with any court decree in lawsuit.

9.  While a divorce case is pending
 After filing a child support and/or
custody/visitation petition outside of
divorce
 Spousal support after separating but prior
to filing complaint for divorce
 Does not affect status of subsequent support
determination upon filing divorce complaint

10.  Protect the interests of the parties
 Prevent waste or destruction of assets
prior to equitable distribution
 Maintain and protect living standard of
children and/or financially disadvantaged
spouse
 Protect relationships between children and
their parents

11. Philip R. Yabut, Esq.
Law Office of Philip R. Yabut, P.L.L.C.
pyabut01@gmail.com
prylaw.com