What Temporary Relief May be Granted During a Divorce in Illinois?

 Posted on October 18, 2022 in Divorce / Family Law

Historically, a spouse who does not work for pay or earns relatively little would face significant barriers when seeking a divorce. Up until the relatively recent past, women were likely to be financially dependent on their husbands and would have faced intense hardship in trying to leave a marriage. Now, while either or both spouses may enjoy a career, many families still divide household duties so that one party may primarily focus on domestic labor while the other works for pay. It can still be challenging for the party who earns less income to leave. Not many largely dependent spouses have sufficient funds to move out of the marital home and begin a new life without needing some form of spousal or child support from their spouse - before the divorce is finalized. In Illinois, temporary support can be ordered during a divorce in many cases where it is needed. If you are interested in pursuing a divorce but would need assistance while the divorce is in progress, an attorney may be able to help.

Temporary Support Orders During Divorce

Temporary orders generally last until a divorce has been finalized. Once a divorce has been finalized, permanent support orders may be issued. However, temporary support can help you and your children stay financially secure during a time of difficult transition. Other types of temporary orders can help you stay safe as well.

Some forms of support may require that you submit a financial affidavit demonstrating a need. Forms of temporary relief that may be granted while a divorce is pending may include: 

• Child support - A pending divorce does not relieve either parent of their duty to provide support for their child. Both parents must continue supporting their children throughout these proceedings. Temporary orders related to child custody may also be put in place until a more permanent arrangement can be established.

• Freezing accounts - It occurs to some parties who are going through a divorce to simply drain an account that the other spouse should have been entitled to a share of. In Illinois, a court may grant a petition to temporarily restrain an account so that your spouse cannot dispose of the funds unilaterally.

• Spousal maintenance - Some disgruntled spouses will attempt to retain control over a spouse who is trying to leave by refusing them access to the marital funds they would need to successfully leave. A temporary order for spousal maintenance can often provide an opportunity for a disadvantaged spouse to leave a marriage.

• Preventing abuse - Temporary orders can be placed restraining one party from abusing you or your child.

There are several other forms of temporary orders you may need during your divorce. Temporary orders can provide a needed opportunity for a spouse who is not the breadwinner to exit a marriage that has become unmanageable.

Contact a Kane County Divorce Lawyer

Loire Krajniak Law, LLC is experienced in pursuing temporary orders when they are needed. Our skilled Geneva divorce attorneys may be able to use temporary orders to provide you an opportunity to exit your marriage safely and without enduring undue financial hardship. Contact us at 630-448-2406 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000