Temporary Orders in an Illinois Divorce

 Posted on June 27, 2018 in Divorce

If you have decided to divorce or are considering ending your marriage, you are probably concerned about several things. If you have children, you have probably wondered what the custody and visitation (officially called allocation of parental responsibility and parenting time, respectively) schedule will look like. You may also wonder which spouse will stay in the marital home or keep the family car. Each person’s divorce will be different, but for many, a temporary order can address many of these concerns before the final divorce decree is entered by the court.

When a Temporary Order Is Beneficial

Illinois divorces can last months or even years—especially if the case goes to litigation. During this period of time, many couples still have to manage shared parenting, property division, and their new financial state. Spouses living apart from each other may need financial assistance in the form of spousal maintenance or child support. Temporary orders can provide legally-enforceable guidelines for spouses to follow until the final divorce order is handed down by the court. If you and your soon-to-be-ex-spouse are able to come to an agreement regarding issues of property and custody, you may not need a formal temporary order. However, it is important to make sure and get any agreement between you and your spouse in writing in order to help prevent problems with noncompliance in the future.

Types of Temporary Orders Available

A temporary order may be appropriate when divorcing couples cannot agree on issues such as:

• Child custody and visitation schedules;
• Possession or sale of the marital home;
• Ownership of the family automobile(s);
• Child support;
• Possession of valuables;
• Spousal maintenance;
• Health insurance; and
• Non-covered medical expenses.

It is important to keep in mind that the decisions made through temporary orders are not permanent. Temporary orders are intended to maintain the couple financially until more formal family court decisions can be made.

Obtaining a Temporary Order

If you want to acquire a temporary order for your divorce, the first step is to file for divorce. Next, you can file a motion for a temporary order with the same court where you filed your divorce petition. Specify why you are requesting the temporary orders and what directives should be included in the order. Fortunately, you do not have to face this process alone. A qualified family law attorney can help with every step in the temporary order and divorce process.

Divorce and Family Law Attorney in Naperville, IL

The experienced DuPage County family law attorneys at Pesce Law Group, P.C. are advocates for Illinois residents getting divorced, inside and outside a courtroom. Contact us today at 630-352-2240 to schedule your free initial consultation.

Source:

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