Emergency orders and temporary orders serve different purposes under the law. Depending on the circumstances of a divorce, a divorcing spouse may need to file for an emergency order and a temporary order.
Some orders are automatic upon filing a divorce in Illinois, for example, when a petition for divorce is filed, the spouses are automatically ordered to not harass, intimidate, or physically injure each other or minor children. The parents are also prohibited from taking the children out of the state. Temporary orders issued as part of a divorce can also issue these same restrictions.
However, a spouse who has suffered domestic abuse can also get an emergency order or protection to keep a spouse from continuing the abuse. This kind of order can keep the abusive spouse from the home and can be enforced by calling the police if the abusive spouse violates the order.
When a court enters an emergency order, it is not required that both spouses appear in court. However, when a court enters this kind of emergency order, the court will set a hearing to address the issue again with both spouses, or their attorneys, present in court to represent their interests.
In an Illinois divorce, a spouse can also get a temporary order providing for temporary primary parental responsibility, child support, and spousal maintenance. The terms of the temporary order are generally modified by the end of the divorce.
A spouse who is filing for divorce usually has to attach evidence of his or her expenses and income to the divorce petition if he or she is seeking temporary support. The court makes a determination of the level of support needed based on the submission of these documents and in some cases documents provided by the other spouse. As with emergency orders, a decision can be made without both parties being present.
Spouses can also come to an agreement outside court on what temporary spousal and child support will be provided while the divorce is pending. This kind of agreement is usually negotiated if there is a large income disparity between the parties, or if the parties have also come to an agreement regarding which parent the children will remain with while the divorce is pending.
Spouses should not enter these kinds of negotiations alone. Having an attorney present to represent your needs is important and should not be viewed as a way to make the divorce more contentious. Each spouse should also have his or her own attorney negotiate or review the agreement in order to ensure it is fair for both spouses. A court may have to approve of the final agreement, especially where children are involved.
Contact Us for Legal Assistance
For more information about how you can get temporary orders for support while your divorce is pending, you should contact the passionate Naperville divorce attorneys at the Roscich & Martel Law Firm, LLC for a consultation on your case.