Temporary Orders
What are temporary orders?
Temporary orders are court orders that govern life while your divorce or parentage case is pending — who pays which bills, where the children are on which days, who stays in the house, and how support works in the meantime. Cases often take months to resolve, and temporary orders keep things stable and enforceable in the gap between filing and final judgment.
How do I get a temporary order?
Your attorney files a motion — in Illinois, typically a petition for temporary relief — supported in financial matters by a sworn financial affidavit with your income documentation attached. Temporary financial issues are usually decided on a summary basis from the affidavits and documents rather than a full trial, which keeps the process faster and less expensive.
What can temporary orders cover in an Illinois divorce?
Nearly everything the final judgment will eventually address: a temporary parenting schedule, temporary allocation of parental responsibilities, temporary child support, temporary maintenance (spousal support), who has exclusive possession of the home, payment of household expenses and debts, and contributions toward attorney's fees. Courts can also enter orders restraining either spouse from moving or hiding money while the case is pending.
How quickly can temporary orders be entered?
It depends on the county, the judge's calendar, and the issue. Truly urgent matters — a parent withholding a child, funds disappearing, a safety concern — can be heard on an emergency basis, sometimes within days. Routine temporary support and parenting motions are typically heard within a few weeks. Many temporary issues are resolved by agreement without a contested hearing at all.
Does a temporary order decide the final outcome?
Legally, no — temporary orders are entered "without prejudice," meaning the judge starts fresh at the final stage and the temporary order isn't supposed to control the result. Practically, temporary arrangements can create momentum, especially with parenting schedules, because courts value stability for children. That's why the temporary stage is worth taking seriously rather than treating it as a placeholder.
Can my spouse be ordered to leave the house while the case is pending?
Sometimes. A court can grant one spouse temporary exclusive possession of the home, but only where the physical or mental well-being of a spouse or the children is jeopardized by living together. It's a meaningful standard, not automatic — but where the facts support it, it can be granted while both spouses still own the home together.
I don't have access to money to pay for an attorney. What can I do?
Illinois law addresses this directly. Where one spouse controls the income or assets, the court can order that spouse to contribute to the other's interim attorney's fees so both sides can litigate on a reasonably level playing field. If money is the reason you're hesitant to get advice, raise it in the consultation — it's a solvable problem more often than people assume.
Can we just agree on temporary arrangements ourselves?
Yes, and it's often the most practical path — an agreed temporary order is faster and cheaper than a contested hearing. But put the agreement in a court order. An informal handshake arrangement about support or parenting time isn't enforceable, and if the other side stops honoring it, you're starting from scratch.
What happens if my spouse violates a temporary order?
Temporary orders are court orders, and violating them has consequences. The remedy is usually a petition asking the court to enforce the order and hold the violator in contempt, and the court can order the violator to pay the attorney's fees you spent enforcing it.
Can a temporary order be changed before the case is over?
Yes. Temporary orders can be modified while the case is pending when circumstances change — a job loss, a schedule that isn't working for the children, new information about income. They also all terminate when the final judgment is entered and replaced by its terms.