Understanding the Role of Temporary Orders in an Illinois Divorce

 Posted on January 31, 2020 in Divorce

When a couple decides they are getting a divorce, it is not uncommon for one spouse to willingly move out of the home. While this makes the most sense for many couples, it can also raise concerns for some. How can you make sure your spouse is still contributing to household expenses? How do you make sure your children still see their other parent? When this happens, you have two options: come to an agreement about how expenses and child custody will be handled for the time being or go to court to ask for a temporary order to protect yourself and your family.

If you are able to, coming to an agreement with your spouse about how these things will be handled during the divorce process is usually favorable. In some situations, however, this is not feasible. In these cases, your best bet may be to get temporary court orders that you and your spouse must abide by. Temporary orders can help you address some of your immediate concerns while your divorce is going on, and they will last until your divorce is finalized. Here are a few issues you can petition the court to decide using temporary orders:

• Possession of the Marital Home: If one spouse petitions to have exclusive possession of the marital home during the divorce process, you must attend a hearing in which the judge will determine whether or not this is in the best interests of the family. Usually, exclusive possession is awarded if the well-being of a person or their children may be compromised if both spouses continue to live in the home.

• Custody of Pets: You can petition to have custody of any family pets that you and your spouse own. The judge may award sole custody to one spouse or joint custody between the two.

• Paying Household Bills: In many cases, if a spouse moves out of the marital home, the other spouse will be responsible for the ongoing household bills, and he or she may have insufficient income to pay them. The judge may order the spouse who left to help pay a portion of the bills until the divorce is finalized.

• Allocating Parenting Time and Child-Related Expenses: You can enter into temporary orders concerning parenting time and child support. The judge will likely award parenting time to both spouses, but there is usually one spouse who has the children the majority of the time. This parent is considered the custodial parent, and the other parent usually pays child support to this parent to ensure that children's ongoing needs will be met.

• Preventing Certain Spiteful Acts: You can get an order to prevent your spouse from taking certain actions, such as dissipating marital property or removing a child from the court’s jurisdiction for longer than 14 days. This may be a necessary step for some couples, as divorce can often bring out the worst in people.

Our Wheaton, IL Divorce Lawyers Can Help You Ask For Temporary Orders

If you and your spouse have decided that it is time to call it quits, you may be worried about how you will transition to being single. At the Goostree Law Group, we understand that a divorce can be a scary and worrisome time in your life. Establishing temporary orders can be a good way to create consistency and ensure cordiality during your divorce. Our skilled DuPage County divorce attorneys can help you and your family through this transition in your life. Call our office today at 630-364-4046 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000