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.
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