What Is "Temporary Relief" in an Illinois Divorce?

 Posted on January 26, 2026 in Divorce / Family Law

When you file for divorce, the legal process can take months or even years to finish. During this waiting period, you still need to handle things like paying bills, deciding where your children are living, and figuring out who is staying in the family home. Illinois law helps address these issues through something called "temporary relief." If you are going through a divorce in 2026, a Geneva family law attorney can help you understand whether temporary relief makes sense for your situation.

What Does Temporary Relief Mean in an Illinois Divorce?

"Temporary relief" means court orders that address big life issues while your divorce is still pending. These orders are not permanent. They only last until your divorce is finalized. Then the judge will make final decisions about custody, support, and property division. The purpose of temporary relief is to create stability for you and your family during the divorce transition .

What Issues Can Temporary Relief Address?

Under 750 ILCS 5/501, judges can make decisions about several important areas when a divorce case is pending:

Child custody and parenting time

If you have children, temporary relief can decide where they will live and how much time they will spend with each parent before the divorce is final. The court makes these decisions based on what is best for the children. They can include setting a parenting schedule and deciding which parent makes important choices about school, healthcare, and religion.

Financial support

Temporary relief can also address money issues. The court can order one spouse to pay temporary child support to help cover the children's expenses. If one spouse earns a lot more than the other, the court might order temporary spousal support to help the lower-earning spouse pay for housing and other needs.

Use of the family home and property

The judge can decide who stays in the family home while the divorce is happening. This does not determine who will keep the house after the divorce, but it gives both spouses transparency about living arrangements in the meantime. The court can also make temporary decisions about who uses other property like the family car.

Protection from harassment

If there are safety concerns, temporary relief can include protective measures. This might mean ordering one spouse to stay away from the other or prohibiting contact except for necessary communication.

How Do I Request Temporary Relief in Illinois?

To request temporary relief, you or your lawyer will file a motion with the court. A motion is a formal written request asking the judge to make a specific order. The motion should explain what relief you need and why.

After you file your motion, the court will schedule a hearing. Both you and your spouse will have a chance to give evidence and make arguments. You might show financial documents, explain your children's needs, or give other evidence that supports your motion.

The judge will consider several things before deciding on temporary relief measures. These include each spouse's income and expenses, the needs of any children, and whether either spouse has been dishonest so far in the divorce (for example, if either spouse has hidden assets). The judge's goal is to maintain fairness and stability until the divorce can be finalized.

How Long Does Temporary Relief Last?

Temporary orders stay in effect until your divorce is final or until the court changes them. If your circumstances change a lot before the divorce is final, you can ask the court to change the orders.

Once your divorce is finalized, the temporary orders are replaced by permanent orders. The judge might keep some parts of the temporary orders or make different decisions based on the evidence that has been presented.

Call a Kane County Family Law Lawyer Today

Temporary relief can make a difficult time easier by adding structure and financial support while your divorce moves forward. If you need help understanding your options or requesting temporary relief, contact Loire Krajniak Law, LLC. Our Geneva divorce lawyer offers free consultations and can guide you through each step of the process. Call 630-448-2406 today to speak with our lawyer and get the support you need.