Whether you’ve separated from your spouse, or you have a child and the father has left, you can’t always wait for a trial in the Court to receive the support you need. The Virginia Courts recognize this fact and have ways to get preliminary support.
Separation
If you are going through a separation from your spouse, you may need support, child support or spousal support to survive and provide your children with what they need. If you have looked into the Virginia Divorce Laws, you know that it can take up to two years from the time you separate to actually get a divorce. That means it could take two years to get support. Further though child support is retroactive to the date of filing, you may need the money now. In this case, you can file for child support and spousal support in the Juvenile & Domestic Relations Court before you file for divorce. This gets the ball rolling.
Further, the Juvenile & Domestic Relations Courts move faster than the Circuit Court and are usually able to hear a case six to eight months after the filing. If you can’t wait months for support, you can file a Pendente Lite Motion.
Pendente Lite Motions
This Motion is a temporary Motion asking the Court to grant you preliminary relief between the time of the filing of the Motion and the actual final order. This is completed in a short, 30 minute, hearing. For this hearing, you need to show proof of your income and all bills and the income of the Father as well.
Divorce and Pendente Lite Motions
If you are already in the process of filing for divorce in the Circuit Court, but need support now. You can file a Pendente Lite Motion in the Circuit Court as well. This will give you relief immediately.
Pendente Lite and Orders are temporary Orders. These Orders are dismissed if the case is dismissed prior to a final judgment. Additionally, the amount you receive in the Pendente Lite Order is not necessarily the amount you will receive in a final judgment as more information is given at a final hearing.
If you’re ready to file for divorce or for just support, or just want advice on the matter, Contact Keithley Law, PLLC, PLLC today by calling (703) 454-5147 and schedule an initial consultation in our Fairfax law office with one of our family law attorneys. We can walk you through the steps to get the most out of your case.
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