As Naperville divorce attorneys, we understand that the divorce process can take several months to finalize. During this period, couples still need to address important issues, such as child custody, parenting time, child support, spousal maintenance, and the use of marital property. To manage these situations while a case is pending, Illinois courts allow temporary orders. Temporary orders help to provide structure, stability, and guidance. This enables families to function during the divorce process. Without temporary orders, disputes can arise and children may suffer unnecessary disruptions.
Temporary orders assign clear responsibilities to both spouses and provide a legal framework until the final divorce judgment is entered. Because Illinois law also recognizes the harm caused by behaviors such as parental alienation, courts often use temporary orders to protect parent-child relationships and reduce conflict while a case moves forward.
Under 750 ILCS 5/501 of the Illinois Marriage and Dissolution of Marriage Act, courts may issue temporary orders to address financial support, custody, parenting time, and possession of the marital home. These orders remain in effect until modified by the court or until the divorce is finalized.
Examples of temporary orders include:
These orders bring stability during an otherwise uncertain time and reduce the risk of one spouse making unilateral decisions that affect the entire family.
Parental alienation occurs when one parent attempts to interfere with or damage the child’s relationship with the other parent. Illinois courts take this issue seriously because it can harm the child’s emotional health. While Illinois does not have a statute labeled “Parental Alienation Law,” behaviors that undermine the parent-child relationship are addressed under the best interests of the child standard in 750 ILCS 5/602.7.
Temporary parenting orders help minimize the risk of alienation. By establishing a defined schedule and responsibilities early in the case, the court ensures that both parents have consistent and enforceable parenting time. If one parent attempts to block or limit access, the temporary order provides a legal remedy to enforce compliance and protect the child’s relationship with both parents.
Divorces can create financial uncertainty, especially when one spouse controls the majority of the household income. Temporary financial orders are used to establish temporary child support and spousal maintenance. Courts consider each spouse’s income, the needs of the children, and the household expenses when deciding these matters.
Moreover, courts may issue temporary restraining orders to prevent one spouse from selling, transferring, or hiding marital property. These measures protect the marital estate and ensure that property division will be fair when the divorce is finalized.
Once entered, temporary orders are enforceable by law. If a spouse violates a temporary order—whether by refusing to pay support, denying parenting time, or ignoring restrictions on property—the court may impose penalties. These can include fines, payment of attorney’s fees, or even contempt findings. Enforcement is essential to ensure fairness and stability during the divorce process.
Because circumstances may change during the course of a divorce, temporary orders can be modified upon request to the court. For example, if a parent’s work schedule changes or if a child develops new needs, the court may adjust parenting time. Similarly, if financial circumstances shift, temporary support obligations may be revised. The court always considers the best interests of the children and fairness between spouses when modifying orders.
Temporary orders provide structure in a time of transition. They protect children from instability, prevent financial hardship, and safeguard marital property. Without them, disputes can escalate into larger conflicts, harming both spouses and children. By setting boundaries and responsibilities early in the case, temporary orders help reduce conflict and provide a foundation for long-term agreements in the final divorce decree.
Temporary orders can address issues such as child custody, parenting time, child support, spousal maintenance, and the use of marital property. They can also include restrictions on selling or hiding assets and orders regarding exclusive possession of the marital home.
Temporary orders remain in effect until they are modified by the court or until the final divorce judgment is entered. Depending on how long the divorce takes, it can last for several months or even more than a year.
Temporary parenting orders provide a structured schedule that both parents must follow. By giving both parents defined parenting time, the court reduces the likelihood of one parent interfering with the other parent’s relationship with the child. If alienating behavior occurs, the temporary order provides the court with a means to enforce compliance.
Yes. If a spouse’s financial circumstances change significantly, either parent can request that the court modify the temporary support order. The court reviews updated income and expense information to determine what is fair until the divorce is finalized.
Violations can result in court penalties, including fines, contempt findings, or an order to pay the other spouse’s attorney’s fees. Enforcement actions ensure that temporary orders are taken seriously and that both parties comply with them.
Not necessarily. Temporary orders are designed to provide stability during the divorce process. While they may influence the court’s view of what works for a family, the final judgment is based on a full review of the evidence and arguments presented at trial or in settlement.
Yes. If there are significant changes in circumstances—such as a change in a parent’s work schedule, a child’s needs, or evidence of parental alienation—the court may modify temporary parenting orders to reflect the best interests of the child.
In high-conflict cases, temporary orders reduce disputes by clearly defining responsibilities and rights. Without temporary orders, parents may argue over parenting schedules, finances, or property use, leading to instability and stress for the entire family.
At Keller Legal Services, we know that temporary orders are critical in Illinois divorce cases. They protect children, stabilize finances, and ensure fairness while a case is pending. Our attorneys assist clients in Naperville and throughout Chicago in securing the temporary orders they need and enforcing them when necessary.
Contact our Naperville divorce lawyers at Keller Legal Services Group by calling 630-505-1515 to receive an initial consultation. We represent clients in Naperville and across Chicago, Illinois. Together, we can help you protect your rights and your family’s future during the divorce process.
