What Are Temporary Orders in an Illinois Divorce?

 Posted on July 14, 2022 in Divorce

If you are thinking about ending your marriage – or have already made the decision to do so – there are likely many questions and concerns you have regarding the divorce process and what will happen during this process. For example, you may be worried about your spouse removing all the funds from any joint bank accounts you have. If you have children and the divorce is contentious, you may be concerned about your spouse making decisions about your children – such as changing their schools or even where they live – without consulting with you first.

In these situations, it is not uncommon for a judge to enter temporary orders in order to prevent either spouse from taking these types of actions without the other spouse’s knowledge.

What Types of Issues Can Temporary Orders Be Issued For?

Either party may request temporary orders – also referred to as temporary relief – regarding property or children. When the court approves a petition for temporary orders, the orders take effect immediately and remain in effect until the court either changes the orders or the divorce is finalized. It is important to remember that just because the judge issues a temporary order, this does not mean that what is in the order will be the same in the final divorce decree.

Some typical provisions include:

• Financial restraining order – The court can issue a financial restraining order that freezes the couple’s bank accounts or prohibits either spouse from selling marital property. The court may also issue an order that determines which spouse will live in the marital home until the divorce is settled.
• Child custody – The court will determine the temporary allocation of parental responsibilities and parenting time. The order can also prohibit either spouse from removing the child beyond the court’s jurisdiction.
• Child support – If the child will be living primarily with one parent, the court may order the other parent to pay temporary child support.
• Spousal support – A divorce can mean a significant loss of income for one spouse, especially if they were the stay-at-home parent during the marriage. Temporary spousal support may be ordered to cover home expenses, attorney fees, daycare costs, and more.

Contact a Kane County Divorce Attorney

If are getting a divorce and are concerned about steps your spouse may take, a dedicated St. Charles, IL divorce lawyer can help you petition the court for the appropriate temporary orders that may apply in your case. In some cases, particularly if there is a substantiated allegation of family violence, a judge may enter temporary orders without a hearing. Call Shaw Sanders, P.C. today at 630-584-5550 to schedule a free and confidential consultation.

Source:

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