Court Hearings in Alabama

Motion for pendente lite relief

Pendente lite means while the case is pending. In an Alabama divorce, either spouse can ask the circuit court to set temporary custody, temporary support, exclusive use of the marital home, or interim attorney's fees. This applies while the divorce case is still open. The request is made by written motion under Rule 7 of the Alabama Rules of Civil Procedure. The motion must state the grounds and the relief sought. It must also be served on the other side. There is no separate pendente lite statute. The circuit court's authority comes from its general equity jurisdiction over divorce cases, combined with the civil procedure rules governing motions.

How family motions get scheduled

Divorce and custody cases are filed in the circuit court of the county where venue requirements are met. Circuit clerks maintain the motion docket. It is common practice for the moving party to request a hearing date from the clerk or the assigned judge. Some counties instead notice the motion for a specific date under local practice. A few counties, including Jefferson, Mobile, Madison, and Montgomery, operate a family court division created by local act.

That division can route domestic relations filings differently. In some of those counties, referees hear certain matters before a judge signs off. Outside those counties, a circuit judge handles the motion directly. Because scheduling is set locally, confirm the exact process with the circuit clerk in the filing county.

How temporary orders differ from regular motions

Rule 65 of the Alabama Rules of Civil Procedure governs temporary restraining orders and preliminary injunctions. It carves out specific exceptions for domestic relations cases. A restraining order issued without notice in a divorce case is not capped at ten days, unlike other civil cases. The court also has discretion to waive the security bond that Rule 65 otherwise requires. This built-in flexibility is part of why pendente lite relief can move on a different timeline than an ordinary civil injunction. Beyond that carve-out, general motion practice under Rules 6 and 7 still applies. Motions must be in writing, state the relief sought, and be served on the opposing party before the court rules.

Remote hearing availability

Alabama's Administrative Office of Courts issued pandemic-era orders permitting remote participation starting in 2020. The AOC formally revoked those COVID-19 emergency orders in mid-2021. There is currently no statewide standing order guaranteeing remote or video hearings for family law motions. Whether a pendente lite hearing can be held by video or phone is up to the individual circuit judge or family court division. Practice varies by county. Anyone who needs a remote appearance should ask the clerk or the assigned judge's office directly, rather than assuming it will be offered.

What happens at a pendente lite hearing

A pendente lite hearing is narrower than a trial. The judge decides what should happen on an interim basis. It is not a final ruling on custody, support, or property division. Depending on the county and the judge, the hearing may be a short evidentiary proceeding with limited testimony. Some are decided mostly on the motion, any response, and supporting affidavits, without live testimony at all. Typical subjects include which parent has the children in the short term and how much support changes hands. Other issues are who stays in the marital residence and whether either side owes interim attorney's fees. The resulting order stays in effect only until the court enters a different order or the final decree is entered.