Temporary Relief Pending Divorce
The process of legally ending a marriage can take longer than most people expect. Additionally, life and all of its expenses continue while a divorce is pending. Illinois law provides for temporary relief. Spouses going through a divorce can seek temporary custody, temporary child support, and temporary spousal maintenance in order to address these issues while waiting for a judgment of divorce.
If a couple is married and have children together, both parents have parenting rights under the law. Therefore, in a divorce, each parent could move for temporary custody. Usually, the parent who is the primary caregiver wants the children to stay with him or her while the divorce is pending and while the court decides matters of final custody.
Similarly, a spouse who was primarily dependent on the other for monetary support may seek temporary child support and spousal support to ensure he or she can continue paying the bills during the divorce process. Petitions for temporary relief are usually made shortly after filing the initial petition for divorce.
Illinois Law and Restraining Orders
Under the Illinois Marriage and Dissolution of Marriage Act a spouse may file for a temporary restraining order, prohibiting the other spouse from various actions with regards to the marital finances and child custody. The spouse seeking such an order can ask the court to order the other spouse to do the following:
- Keep from using, transferring, or disposing of marital assets except in the usual course of business or for the necessities of life;
- Keep from taking a child of the marriage outside of the state; and
- Not hit or otherwise abuse the petitioning spouse or children, or interfere with their personal liberty.
Temporary orders do not affect final awards of custody or support. In addition, temporary orders may be modified at any time during the divorce and prior to the final judgment. Also temporary orders are terminated when the final judgment is entered or if the parties decide to dismiss the petition for divorce.
Contact an Illinois Family Law Attorney
If you want to ensure life stays relatively stable while you await a final divorce decree, consider filing for temporary relief. For guidance on this and other divorce related issues, contact the Illinois family law attorneys at MKFM Law today for a consultation.