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:
- 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
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.