When a family law case is pending, such as a divorce, legal separation, or custody dispute, life does not pause. Parents still need to care for children, pay bills, and manage shared responsibilities. That is where temporary orders come in. These court-issued orders provide short-term solutions while the case moves through the legal system.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. If you are wondering whether you need temporary orders, understanding how they work and when they apply can help you protect your rights and maintain stability.
What Are Temporary Orders?
Temporary orders are interim rulings issued by a family court judge to address urgent issues while a case is pending. They are not final judgments but serve as enforceable guidelines until the court makes a permanent decision or the parties reach a settlement.
Common types of temporary orders include:
- Child Custody and Parenting Time: Establishing where the child will live and how parenting responsibilities will be shared.
- Child Support: Determining financial support obligations based on income and parenting arrangements.
- Spousal Maintenance (Alimony): Providing financial assistance to a lower-earning spouse during the divorce process.
- Use of Property: Assigning temporary possession of the marital home, vehicles, or other assets.
- Restraining Orders: Preventing harassment, domestic violence, or unauthorized asset transfers.
When Are Temporary Orders Needed?
Temporary orders are typically requested when parties cannot agree on key issues and immediate guidance is necessary. You may need temporary orders if:
- You are concerned about child safety or stability
- One party has cut off financial support
- There is a dispute over who stays in the home
- You need to prevent asset dissipation or unauthorized spending
- You want to establish clear boundaries during a contentious separation
How to Request Temporary Orders
To obtain temporary orders, you must file a motion for temporary orders with the court. The process generally includes:
- Filing the Motion: You submit a written request outlining the specific orders you are seeking and the reasons why they’re necessary.
- Supporting Documents: You may need to include financial affidavits, parenting plans, or declarations explaining the situation.
- Scheduling a Hearing: The court sets a hearing date where both parties can present evidence and arguments.
- Judicial Decision: After the hearing, the judge issues temporary orders that remain in effect until modified or replaced by final orders.
Benefits of Temporary Orders
Temporary orders offer several advantages during a family law case:
- Stability: They create structure and reduce uncertainty for children and parents.
- Protection: They safeguard financial interests and personal safety.
- Clarity: They establish enforceable rules that both parties must follow.
- Efficiency: They help manage disputes early, potentially reducing the need for prolonged litigation.
Limitations of Temporary Orders
While helpful, temporary orders are not permanent solutions. They:
- Can be modified if circumstances change
- May not reflect the final outcome of the case
- Require compliance from both parties, which may still involve enforcement challenges
It is also important to note that temporary orders can influence final decisions. For example, a temporary custody arrangement may set a precedent that affects the court’s long-term parenting plan.
Learn More About Temporary Orders in Illinois
If you are involved in a family law case and facing unresolved issues that affect your daily life, temporary orders may be essential. They provide legal protection and practical guidance during a time of transition. Whether you are seeking custody, financial support, or exclusive use of property, temporary orders can help you maintain stability while your case is pending.
At Kulerski & Cornelison, our Illinois family law attorneys are ready to help. Contact us today for a consultation of your case.