Urgent Restraining Orders And Order Of Protection
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:
- 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.
- Restraining order — Conduct by one of the parties causes the need of the other party to be addressed by the court:
- Threats to remove the child(ren) from the state
- Financial foul play — Movement, dissipation, or concealment of assets, money or other property
- Certain harassing behaviors
- Financial relief — one of the parties brings a motion or petition for child support, maintenance, or other financial relief.
- Motions for the majority of parenting time and sole allocation of parenting decisions formally residential custody, change of custody, or visitation/parenting time.
- 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?
- 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.
- Parties file financial affidavits, and other discovery is sent out. The parties then have 28 days to respond to discovery requests from opposing counsel.
- Motions for temporary relief, child support, maintenance issues, or motions relating to conduct of a party.
- Parenting plans must be submitted to the court within 120 days of filing.
- Mediation of parenting and/or financial issues.
- Pretrial conferences.
- 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.
- Trial on all issues.
- Prove up
Learn more at our Domestic Violence Information Center
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. Call 630-443-6200 or request a reply by email.