A key step in every contested divorce case in Virginia is the pendente lite hearing, where the court puts in place a number of ground rules to govern the parties until the divorce is final. “Pendente lite” is a Latin term which essentially means “pending the litigation” or in this context, “pending the final divorce.” In many cases these pendente lite ground rules include an order for temporary child and spousal support.
Each county has their own set of procedures regarding these hearings. For example, pendente lite hearings in Fairfax follow a very rigid structure, including a strictly-enforced 30 minute time limit. Stafford County also follows a schedule with most all hearings being 30 minutes, but Stafford is unique in its near universal drive to have parties attempt mediation before their temporary hearings.
The Virginia Code authorizes courts to refer any contested civil matter (such as a divorce … Read More »
What Happens at Civil “Term Day”
Stafford County is one of the busier jurisdictions in Northern Virginia, with a very active civil docket. On any given day, a Circuit Court Judge may hear a debtor-creditor action in the morning, a landlord-tenant dispute before lunch, and then spend the entire afternoon on a child custody case. The judges’ calendars are carefully monitored, allowing parties sufficient time to have their day in court. On the civil side, trials are scheduled on “Term Day.”
Stafford’s civil term is a period of three months, with new terms beginning on the first Monday in January, April, July and October. The first day of each term is commonly referred to as “Term Day.” At Term Day, any case that is “mature” (ready to be heard) may be placed on the docket to have a trial date set with … Read More »