What Are Temporary Orders in an Illinois Divorce?

 Posted on June 30,2023 in Family Law Blog

When a couple decides to divorce, there may be a significant amount of time between the filing of the petition and the final decree being issued, depending on the marital issues the couple needs to dissolve. However, there are often immediate issues that do need to be addressed. Temporary orders are court-issued directives that address these issues while the divorce is pending. These orders establish temporary arrangements and provide guidelines until the final decree is issued. The following is a brief overview. For more detailed information concerning your circumstances, contact a Lombard divorce attorney.

Why You May Need Temporary Orders

The purpose of temporary orders is to maintain stability and address pressing issues that arise during the divorce process. They help establish temporary guidelines to address matters such as child custody, parenting time, child support, spousal support, and the use of shared assets and properties.

Temporary orders are typically issued early in the divorce process, after one spouse files for divorce and serves the other party. They may be requested by either party or issued by the court at its own discretion. These orders are put in place to ensure that the parties and their children are protected and that important matters are appropriately addressed until a final resolution is reached.

Temporary orders can cover a wide range of issues. When it comes to issues regarding the couple’s children have, temporary orders can address how parenting time will be divided, child support payments, provisions for education costs, healthcare, and extracurricular activities.

The court can also issue temporary orders to establish guidelines for payments of household expenses, the use of shared assets during the divorce process, and possibly spousal support payments.

Duration of Temporary Orders

Temporary orders remain in effect until a final divorce decree is issued or until modified by subsequent court orders. The duration may vary depending on the circumstances of the case. They provide stability and clarity during the divorce process, ensuring that both parties understand their rights and responsibilities until a final resolution is reached.

If circumstances change or if one party seeks a modification. For example, a modification may be requested to adjust parenting time, child support payments, or spousal support obligations. However, to modify a temporary order, the requesting party usually needs to demonstrate a significant change in circumstances that justifies the modification.

Contact a DuPage County Divorce Attorney for Legal Help

If you have decided to end your marriage, consider speaking to a dedicated Lombard, IL divorce attorney from A. Traub & Associates to ensure that your parental rights and rights to the marital estate are protected, including any temporary orders that may be necessary. Call 630-426-0196 to schedule a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm