What Is a Temporary Relief Order in an Illinois Divorce?

 Posted on July 06, 2024 in Divorce

Divorce sometimes reveals an imbalance between two spouses. One spouse, for example, might be a stay-at-home parent who is unemployed, while the other may be a high-powered executive. A court, therefore, may order the party who is better off financially to pay spousal support, or alimony, to the unemployed parent. 

However, a divorce can sometimes drag on for a long time. Some divorces carry on for a year or more. During this time, an unemployed spouse may need financial assistance until the judge issues the final court order requiring the working spouse to pay alimony. In such a case, the unemployed spouse’s Illinois divorce attorney may ask the court to sign a temporary relief order.

What Is a Temporary Relief Order?

As the name suggests, a temporary relief order is a legally binding decree that grants temporary financial relief to one of the parties during the divorce process. This relief can be in many forms. In the scenario above, the order would instruct the party with financial means to support the spouse with none.

Another type of temporary relief order could require one or both parents to pay child support. This can happen if one of the parents is unemployed and cannot provide for the child.

Keep in mind that a temporary relief order may not necessarily match the final support order issued by the judge. Provisions like the amount of the payments and the frequency can change.

How Can I Get a Temporary Relief Order?

To secure a temporary relief order, your attorney may file a petition with the court. Illinois law requires you to submit a financial affidavit, which is a form of written testimony. Along with the affidavit, you will be asked to submit proof that you require urgent financial support. Such evidence may include:

• Pay stubs

• Bank statements

• Income tax returns

Once everything is submitted, the court will review your financial affidavit and your documentation to make sure they match. The judge will then decide whether to approve or deny your petition.

Temporary Restraining Orders

Another type of temporary relief order is a temporary restraining order, also known as a preliminary injunction. This can take one of two forms:

• A temporary restraining order that physically prohibits a person from doing something: For example, it may forbid a parent from removing a child from the jurisdiction of the court, or it may bar a spouse from being in physical proximity to the other spouse or the child.

• A temporary financial restraining order: This can be issued if there is good cause to believe a spouse will hide money or other assets before they are divided between the parties. Such an order would forbid both spouses from using any marital possessions or joint funds except to pay for day-to-day expenses.

Contact a DuPage County, IL Divorce Attorney

An experienced Wheaton, IL divorce lawyer can advise you on whether it is appropriate to petition the court for a temporary relief order. At Goostree Law Group, our skilled attorneys will help you gather supporting evidence for your request and petition the court on your behalf if necessary. Call 630-364-4046 for a free consultation with one of our excellent lawyers today.