Urgent Restraining Orders and Order of Protection

How can a party get immediate relief?

Urgent/Emergency motions for relief:

Many times during the pendency of a divorce, situations come up, and the needs of a party must be addressed immediately. Some common situations are:

  1. Emergency Order of Protection – One of the parties is a victim of harm or threatened harm and/or harassment, or other conduct that would qualify under Illinois Domestic Violence Act.
  2. Restraining Order – Conduct by one of the parties causes the need of the other party to be addressed by the court:
    1. Threats to remove the child(ren) from the state.
    2. Financial foul play – movement, dissipation, or concealment of assets, money, or other property.
    3. Certain harassing behaviors
  3. Financial Relief – one of the parties brings a motion or petition for child support, maintenance, or other financial relief.
  4. Motions for the majority of parenting time and sole allocation of parenting decisions formally residential custody, change of custody, or visitation/parenting time.
  5. Motions to abate or reduce current financial support based on a substantial change of circumstances of the financial condition of a party.

What are the procedures for filing a divorce?

  1. A party files a complaint for dissolution based on irreconcilable differences. The other party then has 30 days to file an answer to the petition after service of process.
  2. Parties file Financial Affidavits, and other discovery is sent out. The parties then have 28 days to respond to discovery requests from opposing counsel.
  3. Motions for Temporary Relief, Child Support, Maintenance issues, or motions relating to conduct of a party.
  4. Parenting Plans must be submitted to the court within 120 days of filing.
  5. Mediation of Parenting and/or financial issues.
  6. Pretrial Conferences.
  7. Marital settlement Agreement: Financial agreement/Division of Assets is agreed to by the parties, or financial issues decided by the court after trial or pretrial conference.
  8. Trial on all issues.
  9. Prove Up

Contact Our Divorce Lawyers

Contact Scott W. Sheen & Associates, P.C. in Kane County, Illinois, if you would like to learn more about how we can help you with divorce or another family law matter.