PDL Meaning
PDL stands for “pendente lite,” a Latin phrase meaning “pending the suit,” or while the litigation is underway. A PDL motion asks the court for temporary orders that hold things steady until the case is finished. The relief is temporary because the case is still pending, which is where the name comes from.
Divorce can be a lengthy process. Too often, spouses are left to their own devices when it comes to finances, the house, cars, and their children. Figuring out how to divide the household while a divorce is pending can be extremely stressful for couples parting ways. This is where a PDL can help. A PDL motion can be filed to ask the court for temporary assistance in a Missouri divorce case.
What Does Pendente Lite Mean?
Pendente lite means “pending the litigation,” and it describes any order a court enters to govern the period between filing and final judgment. In Missouri family law you will see it most often attached to maintenance, child support and custody, as in “maintenance pendente lite” or “child support pendente lite.” Lawyers and court staff usually shorten it to PDL in conversation and on the docket.
The important thing to understand about pendente lite relief is that it is interim by design. It is not the court deciding your case. It is the court deciding how you and your spouse will live while the case is decided.
What Is a PDL Motion?
A PDL motion is a written request asking a Missouri court to enter temporary orders while a dissolution, legal separation or paternity case is pending. The authority for it in a divorce is RSMo 452.315, which says either party may move for temporary maintenance and for temporary support for each child entitled to support.
A PDL can be very timely. For example, a parent who is being denied time with the children may file a PDL motion for a temporary custody arrangement. If a spouse who has been out of the workforce is cut off from the family income, that spouse may use a PDL to obtain temporary maintenance. PDLs can also be used to prevent one spouse from draining bank accounts, disposing of important financial assets, or otherwise damaging finances or assets.
What Can a Missouri Court Order in a PDL Motion?
RSMo 452.315 gives the court a specific list of temporary relief it can grant. The main categories are:
- Temporary maintenance for a spouse.
- Temporary child support for each child entitled to support.
- Temporary custody, along with the child support that goes with it.
- An order restraining either party from transferring, encumbering or disposing of property, other than in the ordinary course of business or for the necessities of life.
- An order enjoining one party from harassing or abusing the other.
- An order excluding a party from the family home, on a showing that harm would otherwise result.
The statute treats the exclusion and restraining provisions carefully. Under RSMo 452.315.3 a court may issue a restraining order before the other side has had time to answer only if it finds, on the evidence, that irreparable injury would result if the order is not issued. Otherwise these orders come after notice and a hearing.
What Happens at a PDL Hearing?
A PDL hearing is a short evidentiary hearing where each side presents financial information and testimony, and the judge decides what temporary orders to enter. In practice, many PDL motions never reach one.
It is important to note that PDLs are not always granted by a judge. Judges have the power to grant, grant in part, deny or even amend your PDL. It is also important to note that many times a PDL motion does not proceed to a hearing. Judges do not want to hear cases twice, so many times the parties end up consenting to a temporary agreement with some input from the Judge to avoid a hearing.
Beware of consenting to an unfavorable deal just because it is temporary though. Any temporary agreement will frame the case from that point forward. A temporary custody schedule that runs for a year before trial becomes the arrangement the court has watched working, and undoing it later is harder than getting it right at the start.
How Long Does a PDL Order Last?
A temporary order terminates when the final judgment is entered, or when the petition is voluntarily dismissed. That is the rule in RSMo 452.315.6. Two other points from the same subsection are worth knowing. A temporary order does not prejudice the rights of either party at the final hearing, so agreeing to something temporarily is not an admission. And a temporary order can be revoked or modified before the final judgment on a showing of the facts supporting the change.
Can You File a PDL Motion in a Paternity Case?
Yes, and Missouri law is more specific about it than many people expect. RSMo 452.315.7 says the court shall enter a temporary order requiring the provision of child support pending the final judicial determination if there is clear and convincing evidence establishing a presumption of paternity under RSMo 210.822. That presumption can come from genetic testing showing a probability of paternity of 98 percent or higher, among other routes.
So in a paternity case, temporary child support is not discretionary once the presumption is established to that standard. Temporary custody and parenting time in a paternity case are handled separately, and how a given court approaches them is worth asking your attorney about early.
Frequently Asked Questions About PDL Motions
What does PDL stand for in court?
PDL stands for pendente lite. It is Latin for “pending the suit.” In a Missouri family law case it refers to temporary orders that govern maintenance, child support, custody and property while the case is still open.
Is a PDL order permanent?
No. Under RSMo 452.315.6 a temporary order terminates when the final judgment is entered or the petition is voluntarily dismissed. It can also be revoked or modified before then. It does not prejudice either party’s rights at the final hearing.
Do you have to go to court for a PDL motion?
Not always. Many PDL motions resolve by consent before a hearing, often with input from the judge, because courts prefer not to try the same issues twice. When the parties cannot agree, the motion is set for an evidentiary hearing where each side presents financial records and testimony.
How soon can you file a PDL motion in Missouri?
A PDL motion can be filed after the petition is on file, and often is filed at the same time. Timing matters, because pendente lite relief only covers the period the case is pending. Every month that passes without an order is a month the relief cannot reach.
Can a PDL motion order someone out of the house?
It can, on the right showing. RSMo 452.315.2 allows a court to order a party excluded from the family home upon a showing that harm would otherwise result. This is a serious order and the statute requires notice and a hearing before it is entered, except in the narrow circumstances described in RSMo 452.315.3.
For more information about PDL motions, contact a St. Louis family law attorney today.