Divorce cases don’t resolve overnight. Most take months, sometimes over a year. But families can’t just put life on hold while lawyers negotiate and courts process paperwork. That’s where pendente lite orders come in. The phrase sounds fancy because it’s Latin for “pending litigation.” Really, it just means temporary arrangements that keep things functioning while your divorce works its way through the system. These orders tackle the practical stuff that can’t wait. If you’re dealing with pendente lite matters or other divorce concerns, speaking with a Chicago divorce lawyer helps you understand your options and protects your interests while you’re navigating this transition.
What These Temporary Orders Actually Cover
Illinois courts use pendente lite orders to address immediate family needs. They’re not permanent solutions. Think of them as placeholder arrangements that give everyone some stability during an inherently unstable time. Courts can issue temporary orders for several matters:
- Temporary child custody and parenting time schedules
- Interim child support payments
- Temporary spousal maintenance (what some people still call alimony)
- Who stays in the marital home
- Payment of household bills and ongoing expenses
- Restrictions preventing either spouse from selling or hiding assets
- Attorney fee allocations when there’s an income disparity
These arrangements stay in effect until the judge signs your final divorce decree. Sometimes they influence what ends up in that final judgment, sometimes they don’t.
Getting Temporary Orders In Place
Either spouse can ask for pendente lite relief by filing a motion. You’ll need to explain why you need temporary orders and what you’re requesting. Courts usually schedule hearings fairly quickly because everyone understands families need answers sooner rather than later. A Chicago divorce lawyer files the right paperwork and presents your case at the hearing. Judges look at your specific circumstances. There’s no one-size-fits-all approach here. What does the court consider? Each spouse’s income matters. So does who’s been taking care of the kids day-to-day. The family’s standard of living comes into play. The judge tries to create something reasonable that protects everyone’s basic needs while the case moves forward.
How Courts Calculate Temporary Support
Illinois has guidelines for temporary spousal maintenance. It’s formula-based, which means there’s less guesswork involved. Courts look at both spouses’ gross incomes and apply specific calculations to determine monthly payments. Child support follows Illinois guidelines, too. The calculation uses both parents’ combined net income and the number of children you have. This approach gives families some predictability when they’re trying to figure out budgets during what’s already a financially stressful period. Here’s something important to understand. The temporary amounts might look different from what you’ll see in your final divorce judgment. Courts have more flexibility with final awards. They can weigh additional factors that don’t necessarily apply to interim relief.
Who Stays In The House
Living arrangements often become contentious during divorce. Pendente lite orders can grant one spouse exclusive possession of the marital home. This happens particularly when you’ve got kids who need stability or when there are safety concerns in the picture. Judges weigh several things. Can the children stay in their familiar environment? Does either spouse have the financial means to find alternative housing? Are there allegations of domestic problems that make shared occupancy unrealistic or unsafe? Courts can also freeze assets temporarily. Both spouses typically receive instructions not to sell, transfer, or hide marital property. You’re expected to maintain the status quo until final decisions get made about who gets what.
Changing Temporary Orders When Life Changes
Life doesn’t stop just because you’re getting divorced. Someone loses a job. A parent needs to relocate for work. Children’s needs shift as they get older. Illinois law lets you modify pendente lite orders when substantial changes happen. You can’t ask for modifications over every minor bump in the road. The court needs to see significant changes, not just inconveniences. If you need a modification, you’ll file another motion explaining what’s changed since the original temporary order. The judge decides whether the new circumstances justify adjusting the interim arrangements.
Why Temporary Orders Make A Difference
These orders create structure when everything feels chaotic. They establish who pays what, protect children’s time with both parents, and provide clarity about immediate obligations. You know what’s expected of you. Your spouse knows what’s expected of them. While they’re not permanent, temporary orders often set patterns. Those patterns can influence final divorce terms because they create expectations and routines that courts sometimes see as working well enough to continue. Working with Merel Family Law means you’ve got someone who knows how to present your case for temporary relief effectively. The right interim arrangements can make a substantial difference in how your family manages during divorce proceedings. Contact us today.
