When the divorce process has been set in motion, one or both spouses may need to request temporary relief from the court pending the final dissolution of the marriage. This is where a PDL motion comes into play. Our St. Louis divorce attorneys at Rogers Sevastianos & Bante, LLP can assist you with a PDL motion if you need temporary relief concerning child custody, financial, or other matters until the final divorce decree is issued.
What Is a PDL Motion?
A PDL motion is a pendente lite (Latin for temporary) motion filed with the court after the initiation of divorce proceedings. Once the motion is filed, the other spouse files an answer and the motion is set for a hearing. In the hearing, the court hears evidence and testimony regarding the claims raised in the PDL motion. It then issues a PDL judgment at the conclusion of the hearing.
What Issues Are Addressed with a PDL Motion?
In a PDL motion, either party seeking a dissolution of marriage proceedings may request relief in the following areas:
- Restraining orders
- Legal custody of minor children
- Physical custody of minor children
- Exclusive possession of marital residence
- Child support
- Spousal support
- Attorney fees
- Protection of marital assets
Why You Might Need a PDL Motion
A PDL motion is designed to create temporary stability during the transition period after a divorce has been filed until the final divorce decree is issued. This step may be important if you anticipate lengthy divorce proceedings to ensure financial security, set up a custody schedule, and minimize conflicts, particularly in the marital home. An experienced family law attorney in St. Louis can help protect your interests and those of your children in a PDL motion and hearing.
Divorce can be a lengthy process. A PDL motion can help prevent:
- A spouse from being denied time with his or her children
- A stay-at-home spouse from being cut off from the family income
Bank accounts from being drained, or marital assets from being disposed of or damaged
- Abusive behavior by one spouse to another in the family home
How Long Do the Terms of a PDL Judgment Remain in Place?
A PDL motion is a temporary measure. A PDL judgment remains in place until:
- The PDL order is amended by the court
- The divorce is dismissed
- The final divorce decree is issued
Why You Need a Good St. Louis Divorce Lawyer for a PDL Motion
PDL motions are not granted automatically. The court must agree that the relief you are requesting is necessary before issuing a PDL judgment. The judge has the power to grant, deny, or amend your PDL motion.
In many cases, parties consent to a temporary agreement, with some input from the judge, without proceeding to a hearing. Divorcing spouses should beware of consenting to an unfavorable agreement, as it can frame the case going forward.
Our St. Louis divorce lawyers at Rogers Sevastianos & Bante, LLP have the knowledge, skills, and experience to protect your interests and present your case effectively to the court. We practice daily in metro St. Louis courts and understand nuances of the law that can provide an advantage for our clients. Contact us today!