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Illinois Family Law - Temporary Orders

Posted by attorney David Gotzh

Nothing seems more permenant than a temporary order. I typically see them in 5 situations:

1) Termporary Child Support

2) Temporary Custody

3) Temporary Visitation Order

4) Temporary Maintenance (Alimony)

5) Interim Attorney Fees (Not discussed here)

The court has the authority to order this, and any other appropriate "temporary" relief while the case is pending. The order may also include wording like "...with no predudice toward the final adjudication of (Insert the matter Pending)"

Generally you can't a termporary order if a) the other side objects, and b) there hasn't been a hearing. However, they are a favorite tool for lawyers to use, especially against unrepresented parties. Judge's don't like to admit their wrong/change their mind if the facts stay the same throughout the lawsuit, so if you get the temporary order, you may end up keeping it. However, with all things in life, the only two guarentees are death and taxes.

So with that said, how do you get temporary relief? Well, the first thing is to file a petition and set a presentation date. Then you go in front of the judge, set up a briefing schedule, discuss any discovery issues that should be taken care of, and ask the judge to set it for hearing. For temporary relief, most judges will set a hearing date, or they first set a status date, then later allow you to advance it to hearing. In all honesty, each judge is different.

What form do you fill out for this? Well, that's where we earn our money, because 90% of the pleadings you deal with in court have to be custom drafted. So, you have to make the form.

No article is going to give the process it's appropriate due. So if you have a question, talk to a family law attorney in your area for specific guidance.

Additional resources provided by the author

Illinois Rules of Civil Procedure

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