TEMPORARY RELIEF IN DIVORCE PROCEEDINGS
Often times, unmet needs are a precipitating factor in the filing of Petitions for Dissolution of Marriage. Parties may have separated, and unequal access to income, property and resources may become a burden to the more financially challenged party. One or both or of the parties may attempt to conceal or dispose of property to the disadvantage of the other. Abusive behavior, threats to remove a child, and other conduct which jeopardizes the well being of the parties and/or their children may require intervention without delay.
In order to address the immediate nature of such needs, the Illinois Marriage and Dissolution of Marriage Act provides for a remedy characterized as temporary relief. Such relief is available during the pendency of the case and expires either upon the entry of a Judgment for Dissolution of Marriage, which would include provisions for a more lasting resolution of such matters, or the dismissal of a case prior to entry of a Judgment.
A party may petition the court for temporary child support and/or maintenance. Such determinations are made after considering financial affidavits from each party entailing disclosures made under oath and penalty of perjury regarding the income, budgetary needs, assets and debts of each party. Interim attorney fees may be considered when one party is unable to adequately participate in the litigation because of limited finances. Temporary restraining orders may be entered to regulate the conduct of the parties. The Court may also consider whether one party or the other should be entitled to temporary exclusive possession of the marital home.
Temporary relief is intended to be a short-term fix for issues which would otherwise become even more problematic if not addressed until the case is concluded. All such remedies are implemented without causing either party to give up final claims or rights and can be modified at any time before Judgment as deemed appropriate by the Court.