How Can Temporary Orders Benefit Me During My Illinois Divorce?

 Posted on June 03, 2021 in Divorce

Even though no two divorces are exactly the same, most divorces follow a similar pattern. Most divorces begin when one spouse files a petition for divorce, prompting the other spouse to file a response. The divorce is not final until you and your spouse both appear before the judge to receive your final decree, which officially divorces you from your spouse. However, this process does not happen overnight. Sometimes, it can take months or even years to complete a divorce. In the meantime, you may be wondering what you are supposed to do regarding parenting time or even child support, if your spouse no longer lives with you. Thankfully, this is the exact reason temporary orders exist for Illinois divorces.

Types of Remedies in Temporary Orders

Many times, temporary orders that are requested during a divorce have to do with financial issues such as support, however, there are various issues that temporary orders can address during a divorce. If you request orders that only last the duration of the divorce, they may include:

• Temporary spousal maintenance and/or child support: One of the biggest reasons people file temporary orders while they are going through the divorce process is to establish their right to spousal maintenance and/or child support. You can ask the judge to make a preliminary determination on amounts that are needed for you to run your household and support your children while you are going through the divorce.

• Temporary restraining orders: If you are experiencing abuse or domestic violence, you can also ask the judge to include a restraining order in your temporary orders. A temporary restraining order is often used in divorces that are anticipated to be high conflict and would prohibit your spouse from committing any abuse, removing your child from the court’s jurisdiction, or destroying or removing certain property from your possession.

• Paying your attorney’s fees: You may also be able to have the judge include attorney’s fees in your order. Depending on your financial situation, you may be able to have the judge order your spouse to pay reasonable legal fees associated with the divorce.

• Allocating possession of the family home: Another popular reason many people file temporary orders is to claim temporary possession of the marital home. For example, if you have filed for divorce and your spouse refuses to acknowledge this or leave the marital home, a temporary order awarding the home to you may force him or her to leave.

• Allocating custody of any companion animals: A temporary order can also allocate the possession of any companion animals or pets that you and your spouse may have. The court can order sole possession of your pet and order your spouse not to interfere with him or her.

Contact a Naperville, IL Divorce Attorney Today

The number of things you have to deal with and worry about after you file for divorce can feel overwhelming. Fortunately, the compassionate team at the Law Office of Ronald L. Hendrix, P.C. is here to help you stay focused on the outcome of your divorce. Our knowledgeable DuPage County divorce lawyers can help you ask the court for temporary orders to get you through your divorce, as well as fight for your best interests in any permanent orders the court may issue. To schedule a free initial consultation, call our office today at 630-355-7776.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000