Yes, courts can issue temporary orders during an emergency divorce to address urgent issues such as custody, support, and property division.
Understanding Temporary Orders in an Emergency Divorce
Temporary orders provide immediate relief to address critical needs while the divorce process is ongoing. These orders are particularly helpful in ensuring safety, financial stability, and clarity in parenting arrangements during high-conflict situations or emergencies.
Legal Context for Temporary Orders in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), courts can grant temporary relief upon reviewing an emergency motion. These orders are valid until the final divorce decree is issued or further modified by the court.
Types of Temporary Orders:
- Custody and Parenting Time: Determines where the child will live and sets visitation schedules to ensure stability.
- Child or Spousal Support: Provides financial assistance to the spouse or children in need.
- Protective Orders: Ensures the safety of individuals by restricting contact or access to shared spaces.
- Property Use: Allocates temporary use of shared assets, such as a home or vehicle, to one spouse.
Example Scenario:
A parent may request a temporary order for sole custody of their child if the other parent poses a safety risk.
Steps to Request Temporary Orders
- File an Emergency Motion:
Submit a petition to the court explaining the need for immediate temporary relief and provide evidence supporting your claims. - Attend a Hearing:
The court typically schedules a hearing promptly to review the motion. - Present Evidence:
Provide documentation, witness testimony, or other proof to support your request for temporary orders. - Court Decision:
The judge will decide whether to grant the requested temporary orders based on the evidence and the urgency of the situation. - Comply With Orders:
Follow the temporary orders until the court modifies them or finalizes the divorce.
How Attorneys Can Help
An experienced attorney can:
- Draft and file the motion for temporary orders on your behalf.
- Present a compelling case during the court hearing to secure the necessary relief.
- Ensure the temporary orders align with your long-term divorce goals.
- Help modify or enforce temporary orders if circumstances change.
Need Temporary Orders During a Divorce?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you secure temporary orders to protect your rights and ensure stability during the divorce process.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
