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posted on 4/6/16

Having a clear vision in place early on in the divorce process is important, since many big decisions are made in the opening weeks of the case, and it can be difficult to reverse these trends later. Divorce cases are similar to the early days of the founding of our great nation because just as the future of the country was at stake in 1787, the future of your family is at stake in any divorce case.

In 1787, James Madison, Edmund Randolph, and the other Virginia delegates to the first constitutional convention presented their version of a future government to the other delegates only four days into the process. The so-called Virginia Plan, which outlined a strong, central government with three independent branches, soon became the Constitution of the United States after only a few major amendments, such as the addition of a subservient House of Representatives to the legislative branch.

Having just fought and won a protracted Revolutionary War against a seemingly invincible King of England, Messrs. Madison, Randolph, and their colleagues knew how important it was to seize the initiative. That is why, rather than waiting and talking, they immediately sought to impose their vision on the other states’ delegates.

Temporary Orders

Section 501 of the Illinois Marriage and Dissolution of Marriage Act governs temporary orders in divorce cases. In most cases, this initial hearing is held about two weeks after the petition is filed. So, both parties have little time to prepare; this is especially true for the respondent, who may have only a few days after service to hire an attorney.

The temporary orders nearly always include restraining orders, which essentially prohibit the parties from any activity that might adversely affect the other spouse. This activity includes disparaging the other parent in front of the children, concealing assets, and other actions designed to impact the custody or property divisions. In addition, temporary orders set out:

  • Custody: There is an old saying that “possession is nine-tenths of the law,” and this maxim often applies in custody matters. Unless there are extenuating circumstances, the children most often continue residing in their present location.
  • Spousal Support: At this stage, temporary alimony is basically needs-based support for attorneys’ fees, day care fees, rental deposits, and other immediate expenses. The court essentially considers the payee spouse’s need and the obligor spouse’s means.
  • Child Support: Courts nearly always apply the guideline amounts at this phase, since no discovery has taken place.

Many times, temporary orders can be entered without a hearing on a summary basis; in some cases, it is even possible to have temporary orders entered before the other spouse is served.

The main reason the temporary orders are so important is that the same judge will eventually enter the final decree, in nearly all cases. Unless significant new information comes up during discovery or after a social worker’s investigation, that judge will probably finalize the temporary orders, at least to a significant degree.

Contact Aggressive Attorneys

It is important for a divorce attorney to hit the ground running. For a confidential consultation with experienced family law attorneys in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.