Court Hearings in Maryland

Requesting pendente lite relief

In a Maryland divorce case, either spouse can ask the circuit court to decide pendente lite issues while the case is pending. That includes temporary custody, parenting time, child or spousal support, and use of the family home. This interim relief gives the family a working arrangement without waiting for a final judgment, since a contested divorce can take considerably longer to resolve. The pendente lite order stays in effect only until the court changes it or the case reaches its final resolution. A financial statement is generally required from both parties before a hearing that touches on support.

The role of Family Magistrates

Maryland circuit courts use Family Magistrates. These judicial officers hear a substantial portion of the family law docket, including many pendente lite hearings and other family matters. A magistrate typically conducts the hearing, hears the evidence, and issues a recommendation, which a circuit court judge then reviews. Parties who disagree with a magistrate's recommendation generally have the opportunity to file exceptions, bringing the matter before a judge for further review. Whether a specific pendente lite hearing is heard by a magistrate or a judge depends on the county and local assignment practice. Some of the state's busier circuits, including Montgomery and Prince George's counties, rely on magistrates for the large majority of family law hearings.

How a pendente lite hearing gets scheduled

After a request for pendente lite relief is filed and served, the circuit court sets the matter for hearing according to that county's docket. Maryland's circuit courts each manage their own family law calendars, so how quickly a pendente lite hearing gets scheduled can vary from county to county. Anyone filing for pendente lite relief should confirm the specific scheduling process with the clerk of the circuit court in the filing county. Some circuits require a scheduling or case management conference before the pendente lite hearing itself is set.

Remote hearing availability

The Maryland Judiciary maintains a dedicated Remote Hearings and Proceedings program, reflecting the continued use of video and telephone participation across various case types since the pandemic. Whether a specific pendente lite hearing can be remote depends on the county and the assigned magistrate or judge. There is no single blanket rule for every family law hearing statewide. Parties who need a remote appearance should confirm with the clerk of the circuit court or the assigned judicial officer's office. Larger circuits have generally maintained more consistent remote access than smaller, rural jurisdictions.

What happens at a pendente lite hearing

A pendente lite hearing is narrower than a trial on the merits of the divorce. The magistrate or judge decides what arrangement should apply while the case is pending, not final findings on custody, support, or property division. Depending on the county and whether the request is contested, the hearing may involve testimony and financial documentation from both parties. It may be handled more briefly if the request is not opposed.

Common subjects are temporary custody and parenting time, temporary support, and use of the family home. The resulting order stays in effect only until the court modifies it or the case reaches a final resolution. Either party can ask the court to revisit the order if circumstances change substantially.