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Either spouse can request a preliminary hearing to establish certain ground rules while the case is pending.  The question of who gets to live in the marital residence, who will have temporary custody of the children, whether the marital assets will be frozen while the case is pending, and whether support must be paid are resolved at that hearing.  The judge makes decisions about these things and their ruling is called a “pendente lite order.” It stays in effect until it is modified, the case is dismissed or there is a final divorce decree. If the case is dismissed, all temporary orders become irrelevant because they no longer have any legal effect.

Frequently, one party will be served with the complaint for divorce and a “Notice of Pendente Lite Hearing.”  It is imperative that you appear at that hearing, preferably with a lawyer.  If you cannot hire a lawyer in time, go anyway and ask the judge to give you time to hire one.   This can be dangerous, because in some instances the judge will make a temporary order even though you might have had only a few days advance warning that there would be a hearing. So it is best to consult an attorney if you believe that your spouse may file a divorce case.