Should I Pursue Temporary Relief During My Illinois Divorce?

 Posted on September 17, 2026 in Illinois Divorce

In Illinois, the terms of your divorce resolution can provide you with financial and personal protections. However, reaching a resolution can take several months or longer, and you may find that the relief you need is not coming fast enough.

Illinois law offers several forms of temporary relief that you can pursue before your divorce is final. Temporary relief can address immediate concerns involving finances and children while the larger issues in your divorce are still being resolved. If you are going through a divorce in 2026, a Kane County, IL divorce attorney can help you determine whether requesting temporary relief is appropriate.

What if You’re Struggling to Provide for Yourself During an Illinois Divorce?

If you have a limited income and assets, and your spouse will not willingly assist you with expenses, you can ask the court for temporary child support or spousal maintenance during the divorce process.

Under 750 ILCS 5/501, a request for temporary support must include a financial affidavit that explains your current financial situation. You will also need supporting financial records, such as tax returns and bank statements.

A temporary support order is not a replacement for the terms regarding child support and maintenance in your final divorce resolution. Temporary orders generally end when the court enters the final divorce judgment. The final support terms can differ from what the court ordered while the case was pending.

What if Your Spouse Controls Your Assets and You’re Divorcing?

If your spouse has control over much of your marital property and you are concerned that he or she will prevent you from accessing it, you can ask the court for temporary financial protections. This can be especially important when one spouse has greater control over bank accounts or other marital assets like investments.

A temporary restraining order or injunction can restrict certain transfers or other uses of property while the divorce is pending. Illinois law also gives courts authority to order other appropriate temporary relief involving assets in certain circumstances.

Do You Need a Temporary Parenting Arrangement in Illinois?

Parents do not always have to wait until the divorce is final to establish a parenting schedule. Under 750 ILCS 5/603.5, an Illinois court can temporarily allocate parental responsibilities based on the child's best interests before entering the final allocation judgment.

A temporary order can provide structure while the divorce is pending by addressing parenting responsibilities and parenting time. Since 2022, Illinois law has also expressly allowed courts to approve a child's relocation on a temporary basis when the move is in the child's best interests.

What if You’re at Risk of Harm During an Illinois Divorce?

Living together during a divorce can become unsafe in some situations. Illinois law provides options for addressing immediate safety concerns while the divorce is pending.

According to Illinois law, you can ask the court to give you temporary exclusive possession of your home. The court can grant this request if living together puts your or your children's physical or mental well-being at risk. Granting one spouse temporary possession of the home does not decide who ultimately owns or receives the property in the divorce.

Other legal protections can also be available when domestic violence or threats are involved. An order can restrict abusive or threatening conduct, and Illinois law also provides separate protections through orders of protection in domestic violence cases. Protective orders can help, but they may not stop every abuser and can sometimes increase risk. If you or your child may be in immediate danger, go to a safe place, keep your location private, and contact the police.

If you believe your spouse will try to remove your child from the court's jurisdiction, the court can restrict your spouse from taking the child outside the jurisdiction for more than 14 days.

What if You Can’t Afford an Attorney In an Illinois Divorce?

If you lack the funds to hire an attorney to represent you in your divorce, you can petition for interim attorney fees from your spouse. The purpose of an interim award is to help both spouses participate fairly in the legal process when one has greater access to money.

According to 750 ILCS 5/508, Illinois courts consider the parties' financial resources when addressing attorney fees. Illinois law also directs courts to consider whether a party needs additional legal funds because the other spouse controls assets or important financial information.

An interim fee award does not necessarily determine how attorney fees will be handled at the end of the divorce. It addresses access to legal representation while the case is still pending.

How Long Does Temporary Relief Last During an Illinois Divorce?

Temporary relief is designed to address problems that need to be resolved before the final divorce judgment. Under Illinois law, the relief generally ends when the final judgment is entered or the divorce case is dismissed.

A temporary order does not determine either spouse's rights at later hearings. The court can modify or revoke a temporary order before the divorce is final when the legal requirements for doing so are met.

This distinction is important when deciding whether to seek temporary relief. The goal is to create workable protections while the divorce moves forward, not to resolve every issue that will appear in the final judgment.

Contact a Kane County, IL Divorce Lawyer

At Weiler & Associates, P.C., we understand how difficult a contentious divorce can be when you are concerned about your family's safety or your financial well-being. We can help you consider your options for temporary relief and prepare your request for the court.

Attorney Tim Weiler is a Certified Financial Litigator and has specific experience in settling complex Illinois divorce cases involving financial and family concerns. To discuss your divorce, contact a St. Charles, IL divorce attorney or call 630-331-9110.