Wheaton Temporary Spousal Support Lawyer

Winfield divorce lawyer temporary relief

Attorneys for Financial Support During Divorce in Warrenville, Glen Ellyn, and DuPage County

Getting a divorce can cause a great deal of financial difficulty for a person, especially if they were reliant on the income earned by the other spouse during their marriage for their own support. While a spouse who earns less than their former partner or who has stayed home to care for children rather than working may be eligible to receive spousal maintenance after their divorce has been finalized, they may also be able to receive temporary financial support during the divorce process. A skilled family law attorney can help address these matters and ensure that appropriate support is calculated and paid in a timely manner.

McSwain Nagle & Giese, P.C. provides dedicated legal help in divorce and family law cases, and we have a combined total of over 65 years of experience. We will help you understand your rights under the divorce laws in Illinois, and we will advocate on your behalf to make sure your financial needs will be met during and after your divorce.

Temporary Support During Divorce

Ending a marriage can be difficult, and it is even more challenging when one spouse is responsible for the majority of the family's income. In these cases, the other spouse may find that they will be unable to support themselves and their children on their own, and they may not have the financial resources to find a new place to live or address other expenses during the divorce process. 

To address their financial needs, a spouse can ask the court to order temporary support when filing a divorce petition or response, or they can petition the court for temporary relief at any time during the divorce process. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501) states that when petitioning for temporary support, a spouse must submit a financial affidavit showing why this support is needed, along with any applicable financial documentation, such as pay stubs, bank statements, or tax returns.

A request for temporary relief may ask that one spouse pay a certain amount of spousal support or child support to the other on a regular basis, or it may ask that a spouse cover certain costs, such as mortgage payments or utility bills for the couple's marital residence. If necessary, the court may order certain marital assets to be sold or require one or both parties to borrow funds to address these needs. If there are concerns about the handling of marital property during divorce, a temporary financial restraining order may be issued preventing a spouse from making any purchases, sales, or transfers of property or concealing or disposing of any assets.

A petition for temporary relief may also address interim attorney's fees that have been or will be incurred during the divorce process. This can ensure that a spouse who earns less income or is reliant on their partner for financial support will be able to have the legal representation they need to address the legal issues involved in their divorce.

If the court grants requests for temporary relief, any temporary support orders that are issued will remain in effect until the divorce is finalized, unless they are modified or revoked by subsequent court orders. Since these decisions are meant to be temporary and provide for spouses' needs during the divorce process, the decisions made in temporary orders should not influence the final decisions made in a divorce settlement or judgment.

Contact Our Will County Spousal Maintenance Lawyers

If you are unsure about your ability to cover your expenses during your divorce, our attorneys can help you petition for temporary relief. We will fight for your rights and protect your financial interests, and we will work with you to reach a resolution to your divorce that will allow you to meet your needs going forward. To arrange a free consultation, contact us at 630-407-1200. We provide legal help to divorcing spouses in Wheaton, Naperville, Warrenville, Glen Ellyn, Carol Stream, Winfield, Glendale Heights, and throughout DuPage County, Kendall County, Kane County, Cook County, and Will County.

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