Can I seek relief/court orders while my divorce case is pending?
Temporary relief may be necessary to address urgent issues such as child custody (now known as the allocation of parental responsibilities), child support, spousal support, and temporary possession of the marital home or assets while the divorce is pending. Temporary relief is sought as follows.
1. File a Motion for Temporary Orders: To request temporary relief, you'll need to file a motion with the circuit court handling your divorce case. The motion should outline the specific relief you're seeking, such as temporary custody arrangements, child support, spousal support, or exclusive possession of the marital residence. You will have to provide the proper notice of your motion to the opposing party.
2. Provide Supporting Documentation: Along with your motion, you'll need to provide supporting documentation and evidence to justify the need for temporary relief. This may include financial documents, records of communication between spouses, and any other relevant information that supports your request.
3. Attend a Hearing: Once the motion is filed and served, the court will schedule a hearing to consider the request for temporary relief. Both parties will have the opportunity to present evidence and arguments to the court regarding the need for temporary orders.
4. Court Decision: After considering the evidence and arguments presented at the hearing, the court will issue temporary orders to address the requested relief. These orders are temporary in nature and remain in effect until further order of the court or until the divorce is finalized.
5. Compliance with Orders: Both parties are required to comply with the temporary orders issued by the court. Failure to comply with court orders can result in enforcement actions and potential consequences.
Seeking temporary relief through the court can provide essential support and protection during the divorce process. A knowledgeable attorney, such as Denise M. Kuzniewski, can guide you through the process and advocate for your interests to ensure that your needs are addressed effectively.
Contact The Law Office of Denise M. Kuzniewski in McHenry, IL Today
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