Temporary Relief Orders: Getting Support Before the Divorce Is Final

The divorce process can leave one or both parties in need of immediate financial or legal support before the final decree is issued. In Illinois, temporary relief orders provide a way to address critical issues such as spousal maintenance, child support, and parenting arrangements while the divorce is pending. Temporary relief orders help make sure that the financial and emotional needs of the parties and their children are met during this transitional period. At Gordon & Perlut, LLC, we understand how important these temporary measures can be for protecting your rights and stability.

Temporary relief orders are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501), which allows either spouse to request temporary relief from the court. These orders are intended to provide short-term solutions until the final terms of the divorce are determined. Whether you need financial assistance, custody arrangements, or exclusive possession of the marital home, temporary relief orders are designed to address these urgent needs.

What Temporary Relief Orders Can Cover

1. Child Support And Parenting Arrangements

Temporary relief orders can establish child support payments and parenting schedules to ensure the well-being of children during the divorce process. Courts prioritize the best interests of the child, considering factors such as the child’s needs and each parent’s financial ability to contribute.

2. Spousal Maintenance

If one spouse needs financial support to meet their basic needs, the court might grant temporary spousal maintenance. Temporary spousal maintenance is based on factors like the requesting spouse’s income, the standard of living during the marriage, and the ability of the other spouse to pay.

3. Exclusive Possession Of The Marital Home

In cases where living arrangements become contentious, one spouse may request exclusive possession of the marital home. This type of temporary relief order will help provide stability and safety, particularly if children are involved or if there is a history of domestic conflict.

4. Payment Of Marital Debts And Expenses

Temporary orders can also require one spouse to contribute to household bills, mortgage payments, or other shared expenses to prevent financial hardship during the divorce.

The Process For Requesting Temporary Relief

  1. Filing A Motion – To obtain a temporary relief order, you must file a motion with the court. This motion outlines the specific relief you are requesting and provides evidence to support your claim.
  2. Attending A Hearing – The court will schedule a hearing where both parties can present their arguments. You must provide documentation, such as financial records, to demonstrate your need for temporary relief.
  3. Issuance Of The Order – Based on the evidence and arguments presented, the court will issue a temporary relief order that remains in effect until the court finalizes or modifies the divorce.

Why Temporary Relief Orders Are Critical

Temporary relief orders ensure that immediate needs are met while protecting the rights of both parties. Without these temporary relief orders, one spouse may face financial strain, or children may be left without a clear parenting schedule. Temporary relief orders also set a framework for resolving disputes and maintaining stability during the divorce process.

Temporary Relief Order Frequently Asked Questions

How Do I Request A Temporary Relief Order In Illinois?

To request a temporary relief order, you must file a motion with the court under 750 ILCS 5/501. The motion should outline the relief you need and include evidence, such as financial statements or documentation of parenting concerns. The court will then schedule a hearing to review your request.

Can Temporary Relief Orders Be Modified?

Yes, temporary relief orders can be modified if circumstances change. For example, if one party’s income decreases significantly or if the existing parenting arrangement no longer serves the child’s best interests, the court may modify the order upon request.

How Long Do Temporary Relief Orders Last?

Temporary relief orders remain in effect until the final divorce decree is issued or until the court modifies or terminates the order. These orders are designed to address immediate needs and are not intended to be permanent solutions.

Call Our Chicago Parenting Plan Attorneys For A Free Phone Consultation

Temporary relief orders are essential for addressing immediate needs during a divorce. At Gordon & Perlut, LLC, we are committed to helping you secure the support and stability you need during this challenging time. Whether you require financial assistance, parenting arrangements, or exclusive possession of the marital home, our attorneys are here to guide you through the process.

Contact our Skokie parenting plan attorneys at Gordon & Perlut, LLC to schedule a free phone consultation when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We serve clients throughout Illinois and are ready to provide the legal guidance you need to protect your rights and secure a fair outcome.