The decision for a spouse to file for divorce is usually precipitated by some event–the straw that broke the camel’s back–that made her realize that the relationship is no longer bearable. Most McHenry County divorces that I have seen involve something like this. Whether the breadwinner has stopped paying the stay-at-home spouse’s necessary expenses, or he has hidden her car, or he has attempted to move his buddy into your house to sleep on the couch, you name it and I have (unfortunately) seen it.
Fortunately, the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) gives divorce judges a long leash to remedy these issues, and McHenry County, Illinois divorce judges are more than willing to use those powers to temporarily restore your household to sanity.
Temporary relief under the IMDMA in McHenry County divorce cases.
Section 501 of the IMDMA (codified at 750 ILCS 5/501) authorizes judges to enter the following relief on a temporary basis while the divorce proceeding is finalized:
- Awards of temporary spousal maintenance (called “alimony” in other states).
- Awards of temporary child support.
- Temporary restraining orders or injunctions prohibiting your spouse from destroying, selling, concealing, or otherwise taking your assets and property.
- Temporary restraining orders or injunctions prohibiting your spouse from fleeing the State of Illinois with your children.
- Temporary restraining orders or injunctions prohibiting your spouse from interfering with your personal liberty (although, an Order of Protection is usually a better solution for these issues in most cases).
- And granting “other appropriate temporary relief.”
The “other appropriate temporary relief” provision does most of the leg work for temporary relief because it serves as a catch-all to prevent your spouse from disrupting the status quo while your McHenry County divorce case is pending.
Fear that your soon-to-be ex-spouse will treat you poorly while your divorce case is pending should not discourage you from filing.
The law gives you adequate remedies to force your spouse to maintain the status quo. That means that all the bills that were being paid before the divorce case was filed will continue to be paid. That means that if you rely on your spouse to give you money for groceries, your spouse will have an obligation to keep paying for your groceries. That means that if you need child support to provide the life style for your children that they have become accustomed to during your marriage, you can get child support during your divorce case.
There may, however, be a hiccup between when you file for divorce and when the judge grants you you the temporary relief you seek. This is why it is important to hire an experienced, aggressive attorney to fight for you while your divorce case is pending. The power plays made in McHenry county divorce cases to disadvantage their spouse make me sick, and I fight hard for all of my clients to ensure that the games your spouse wants to play will have the absolute minimum impact on your life while your divorce case is pending.
Give me a call at (815) 317-5193 to discuss. There’s never a charge to pick up the phone to chat about your case before you hire me, and I am more than happy to work around your schedule to meet with you in person.