Motion for Temporary Relief in an Illinois Divorce: How It Works

The short answer

Temporary relief keeps a family stable while a divorce moves forward. You file a written motion or petition in your pending case, attach a sworn financial affidavit when money is involved, give notice and ask the judge to rule at a hearing. Support requests are usually decided from financial records rather than at a full trial.

What a motion for temporary relief is

Illinois divorce cases can take months. Bills, school-night schedules and joint accounts cannot wait that long. Section 501 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/501, lets either spouse ask the court for temporary orders, including temporary support during divorce proceedings, to cover this gap.

The request may be called a motion or a petition for temporary relief, and it can be one combined filing or separate requests. You use it when the court needs to act now: one spouse controls the income, household bills are unpaid, nobody agrees on who stays in the home, or the children have no set schedule.

What temporary relief can cover

Section 501(a) lists three groups of relief: temporary maintenance or child support; a temporary restraining order or preliminary injunction; and other appropriate temporary relief, which can include ordering the purchase or sale of assets.

Temporary maintenance and child support

A request for temporary maintenance (spousal support) or temporary child support must come with a financial affidavit on the statewide form, backed up by documents such as tax returns, pay stubs and bank statements. The judge decides these requests on a summary basis from the allocated parenting time, the affidavits and the records. An evidentiary hearing with witnesses requires a showing of good cause.

Accuracy matters. If a party intentionally or recklessly files an inaccurate or misleading financial affidavit, Section 501(a) says the court shall impose significant penalties and sanctions, including costs and attorney fees. Our guides to Illinois maintenance law and getting child support in Illinois explain how the amounts are figured.

Use of the marital home

Some spouses ask the court to order the other spouse out of the house. Illinois sets a high bar. Under Section 501(c-2), the court may give one spouse exclusive possession of the marital residence while the case is pending only when the physical or mental well-being of a spouse or the children is jeopardized by both spouses living there. The request must be made in a verified petition, with due notice and a full hearing unless the court waives that for good cause, and the judge balances the hardships to both sides. If safety is the concern, ask a lawyer about an order of protection. Keeping or selling the home is covered on our real estate and divorce page.

Temporary parenting schedule

Section 603.5 of the Act lets the court enter a temporary allocation of parental responsibilities, in the child's best interests, before the final judgment. The court does this after a hearing, or without one if nobody objects and the parents submit a parenting plan that meets the statute's minimum terms. A temporary schedule covers parenting time and decision-making until the case ends. Situations involving a child's safety use emergency procedures, which we explain in our guide to emergency motions to limit parenting time.

Protecting property and paying for a lawyer

Section 501(a)(2) allows a temporary restraining order or preliminary injunction, supported by an affidavit, to stop a spouse from hiding or disposing of property outside the usual course of business or the necessities of life, from removing a child from the court's jurisdiction for more than 14 days, or from striking or interfering with the personal liberty of the other spouse or a child. Section 501(c-1) separately allows interim attorney fees; our post on making a spouse contribute to attorney fees covers that request.

Who can file and the deadlines

Either spouse may file. Section 501 relief is available in a pending case, so a petition for dissolution, legal separation or invalidity must be on file or filed at the same time. If you have not started the case, see our guide to the petition for dissolution of marriage first.

Several time limits apply in Cook County:

• Response time. Section 501(c) allows the other side to file a response within 21 days after service of the notice of motion, or at the time stated in a temporary restraining order.
• Financial affidavit. Cook County Circuit Court Rule 13.3.1 requires each spouse to serve a completed financial affidavit within 30 days after service of the initial pleading (for the petitioner) or after filing an appearance (for the respondent), or at least seven business days before a hearing, whichever comes first.
• Proof of income. Rule 13.3.2 requires the last two years of filed tax returns, the most recent pay stub showing year-to-date earnings (or the five most recent stubs) and records of other income to be served with the affidavit.

Step by step in the Circuit Court of Cook County

Domestic Relations cases are heard at the Richard J. Daley Center, 50 W. Washington Street in Chicago, and on Domestic Relations calendars at the suburban courthouses in Skokie, Rolling Meadows, Maywood, Bridgeview and Markham. Your motion goes to the judge assigned to your case. The division's rules are in Part 13 of the Rules of the Circuit Court of Cook County.

1. Write the request. Rule 13.4(a) requires every motion and petition to be in writing, titled with an accurate description of the main relief sought, and to state the statute or authority relied on. Petitions must be verified. A request that does not cite its authority can be stricken.
2. Prepare the financial affidavit. Complete the statewide financial affidavit and gather your proof of income. Serve both on the other side and file a certificate of service with the Clerk. The affidavit itself is not filed unless the court orders it.
3. E-file the motion. Civil filings in Illinois, including divorce cases, are e-filed through eFileIL, using the Odyssey eFileIL portal or another approved filing service provider. Self-represented people who cannot e-file may ask for an exemption on the approved certification form.
4. Get a hearing date and serve a notice of motion. Cook County Circuit Court Rule 2.1 requires written notice showing the case name and number, the judge, and the date, time and place of the hearing, served with a copy of the motion. Service follows Supreme Court Rule 11, usually by e-mail to the other party or their lawyer. Personal delivery must happen before 4 p.m. on the second court day before the hearing; mailed notice must go out by the fifth court day before. Check the judge's standing order for added requirements.
5. Attend the hearing. Hearings may be in person or by Zoom, as the judge directs. Bring copies of the motion, the notice of motion, your financial affidavit, proof of income, proof of service, any exhibits and a proposed order the judge can sign. Our Cook County Domestic Relations courtroom and Zoom page has location details.
6. Follow the order. Calendar every date in it and keep records of payments and exchanges.

True emergencies follow a different track. Rule 13.4(a)(ii) requires an affidavit or verification describing the sudden or unforeseen circumstances, and Section 501(b) allows a restraining order without notice only if irreparable injury would result before the other side can respond.

What the other side can do

A spouse who receives a motion for temporary relief has several options:

• File a written response within 21 days after service of the notice of motion, or by the date the court sets.
• Serve their own financial affidavit and proof of income, and point out errors or gaps in yours.
• Ask for an evidentiary hearing on support by showing good cause.
• File their own request, such as a competing parenting schedule or a petition for interim fees.
• Negotiate an agreed order. Under Rule 13.4(a)(i), the word "Agreed" must come before "Order" in its title.
• Later ask the court to change the temporary order. Section 501(d) allows a temporary order to be revoked or modified before the final judgment on a showing by affidavit and a hearing.

Temporary orders do not decide the final case

Section 501(d) says a temporary order does not prejudice the rights of the parties or the children that will be decided at later hearings. It can be revoked or modified before the final judgment, and it ends when the judgment is entered or the case is dismissed. A temporary parenting schedule is not a final allocation judgment, and temporary maintenance does not set the final amount or length of maintenance.

Even so, temporary orders shape daily life for months. Present accurate numbers and follow the order while it is in place. If the other side ignores it, a petition for rule to show cause is the usual way to ask the court to enforce it.

Common mistakes to avoid

• Filing without complete financial records. A support request without a financial affidavit and proof of income is hard for a judge to decide on a summary basis.
• Guessing on the affidavit. Estimates presented as facts can lead to sanctions. Label estimates and support them with records.
• Asking for exclusive possession without the required showing. Tension or discomfort alone does not meet the Section 501(c-2) standard.
• Skipping notice rules. A motion presented without proper notice may be continued, which wastes a court date.
• Arriving without a proposed order. Bring a clear draft so the judge's ruling is written down accurately.

How Chicago Family Attorneys can help

Chicago Family Attorneys is a family law firm at 53 W. Jackson Blvd., Suite 752, in the Chicago Loop, serving Cook, DuPage, Will and Lake Counties. Attorney Aaron Korson handles temporary relief as part of Chicago divorce representation and also offers narrower help:

• Limited-scope drafting. Drafting a motion for you to file is a flat fee starting at $500.
• One hearing appearance. Appearing for you at a specific hearing is a flat fee starting at $1,200. See our limited-scope fees.
• Full representation. An initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See our contested divorce fees.

Court filing fees and other costs are separate, and your fee and scope are confirmed in writing before you engage the firm. To prepare, review our 25 questions for your divorce consultation and gather your financial records. For support questions, see our spousal maintenance and child support pages.