Can I Get Temporary Relief During My Divorce?
When divorce proceedings begin, it can throw everything else in your life into a state of uncertainty. Life continues while the legal issues are getting worked out, with bills to pay and obligations to meet. Because of this, sometimes an Illinois court will order temporary relief to one spouse in order to get through the period of the proceedings, including temporary parental responsibilities, child support, or spousal support.
Parental Responsibilities and Child Support
Most temporary relief orders asked for in Illinois courts have to do with the arrangements for any children of a divorcing couple. It is common for one parent to seek a temporary order of parenting time simply to ensure the children are permitted to remain in their current situation. Forcing children to move abruptly, only to possibly return them to the previous situation, is generally held to not be in their best interests. Alternatively, parental responsibilities can be contested for more malicious reasons. For example, in some divorce cases, particularly those that are contentious, it is not unheard of for one parent to attempt to get possession of the children solely to cause a disruption in the lives of the children and the former spouse.
Child support is another major factor. The costs of raising a child cannot be paused while the divorce is ongoing, so a temporary order is often necessary. The court will generally assess the request by considering each parent’s income, the current situation, and the needs of the child.
Temporary Restraining Orders
The other common type of temporary relief requested is restraining orders, either for reasons of financial security or physical safety. If you know that your spouse may attempt to move or hide money, you can request a temporary restraining order.
On some occasions, a temporary restraining order will be granted for the purpose of ensuring physical safety. Section 750 ILCS 5/501 (2) states clearly that even a temporary restraining order can enjoin a parent from removing a child from the court’s jurisdiction (usually, out of a particular county) or from “interfering with the personal liberty” of a child or their former spouse. Normally, restraining orders are not granted without notice to the other party, but in cases where it can be shown that “irreparable injury” will result if the order is not granted, the other party can be notified after the fact.
Contact a Qualified Wheaton Divorce Attorney
Temporary orders can and often do become permanent orders if the court deems it appropriate. To ensure that the court’s decisions are workable for both you and your children, it is important to have an experienced lawyer on your side. The skilled DuPage County divorce lawyers at MKFM Law understand that reaching an amicable agreement is the optimal outcome in a divorce, and we will work hard to hammer out an agreement that is fair and equitable for all. If such an agreement is not possible, we will protect your rights through vigorous litigation. Contact us at 630-635-7300 to schedule a confidential consultation today.