What Types of Temporary Orders Are Available in an Illinois Divorce?

 Posted on February 12, 2021 in Divorce

The legal process of ending a marriage is not always easy. Delays and complications may cause a divorce to take up to a year or more. Spouses may need to address how divorce issues such as property division, child custody, and child support should be handled while the divorce is ongoing. In Illinois, spouses may address these concerns by petitioning the court for “temporary relief” or temporary orders.

Temporary Relief Orders Can Protect Assets and Address Possession of the Marital Home

Just like the final divorce decree, temporary orders are legally-binding court orders that spouses are required to follow. Unlike the final decree, temporary orders are only intended to last until the divorce is finalized. Many temporary court orders address financial issues. A temporary financial restraining order may freeze bank accounts, prohibit spouses from disposing of marital property, or identify which spouse will have exclusive possession of the marital home. Divorcing spouses may even ask for a temporary order to address possession of and responsibility for pets.

Other types of temporary orders may address issues such as child support and spousal maintenance. The need for these temporary orders will be based on the spouses’ financial affidavits. Records such as bank statements, pay stubs, and tax returns and decisions about the allocation of parenting time may be used to determine an appropriate temporary child support or spousal support order. It is important to note that the final orders may differ significantly from temporary orders in an Illinois divorce.

Temporary Relief Orders Can Address Child-Related Issues

Per the Illinois Marriage and Dissolution of Marriage Act, courts may also issue temporary orders for child-related issues. If divorcing parents cannot reach an agreement about how child custody or visitation should be handled while the divorce is ongoing, the court may enter a temporary order to address these issues. These temporary orders can cover the allocation of parental responsibilities as well as parenting time. Illinois courts always make decisions about parental responsibilities and parenting time based on what is in the child’s best interests.

Contact a Wheaton Divorce Lawyer

Divorce cases can take several months or even multiple years to finalize. If you are getting divorced in Illinois, a temporary order may address financial concerns, pets, possession of the marital home, parental responsibilities, parenting time, and more while your case is ongoing. For help filing a petition for temporary relief and dependable legal support throughout your divorce, contact a DuPage County divorce lawyer from The Stogsdill Law Firm, P.C. Call our office at 630-462-9500 for a personalized case consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K501.htm