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Should I Pursue Temporary Relief During My Illinois Divorce?

Posted on in Illinois Divorce

St. Charles divorce lawyerGetting a divorce is often an important step to help you leave an unhealthy situation, and the terms of your divorce resolution can provide you with financial and personal protections. However, reaching a resolution may take time, in some cases several months or more, and you may find that the relief you need is not coming fast enough. Fortunately, Illinois law offers several forms of temporary relief that you can pursue before your divorce is final. To decide whether temporary relief is right for you, you should consider the following questions.

Are You Struggling to Provide for Yourself and Your Children?

If you have a limited income and assets, and your spouse will not willingly assist you with expenses, you may have a case for temporary child support and/or spousal maintenance during the divorce process. When you petition for temporary support, you will need to submit a financial affidavit detailing your current financial situation. You should also keep in mind that a temporary support order is not a replacement for terms regarding child support and maintenance in your final divorce resolution.

Does Your Spouse Control Your Assets?

If your spouse has control over much of your marital property and you are concerned that he or she will prevent you from accessing it, you may be able to obtain relief through a temporary restraining order or injunction. A financial restraining order can prevent your spouse from hiding, transferring, or dissipating marital assets during the divorce, and require them to notify you of any unusual spending. 

Are You or Your Children at Risk of Domestic Abuse?

A restraining order or injunction is also an option if your spouse has a history of domestic violence or has shown signs of possible violence in the future. Such an order can prevent your spouse from engaging in abuse toward you or your child, and in cases of immediate danger, it can be granted on an emergency basis. You may be able to pursue temporary exclusive possession of your residence as well. If you believe your spouse may try to abduct or remove your child, an injunction can prevent them from leaving for more than 14 days.

Are You Concerned About Your Ability to Afford an Attorney?

If you lack the funds to hire a qualified attorney to represent you in your divorce, you may be able to petition for interim attorney fees from your spouse. The purpose of such an award is to allow both spouses to participate fairly in the legal process, so you may have a strong case if your spouse has hired counsel of their own and they have the financial resources to cover your attorney’s fees as well.

Contact a Kane County Divorce Lawyer

At Weiler & Lengle P.C., we understand how difficult a contentious divorce can be when you are fearing for your personal safety and financial well-being. We will help you consider your options for temporary relief and prepare your petition with the supporting evidence you need. Contact our St. Charles, IL divorce attorneys at 630-382-8050 to get help today.

Source:

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

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