Temporary Maintenance In An Illinois Divorce

Ernest Hemingway was once asked, “How’d you go bankrupt?” Ernest replied, “Two ways, slowly and then all at once.”  That’s a lot like how a divorce works. Years of resentment and planning become tactics and strategies once the divorce is finally filed.  Often, one spouse is left without support yet the discovery deadlines necessary to determine both spouse’s incomes are months away.  In Illinois divorce cases, that spouse needs temporary maintenance (formerly known as alimony) in their Illinois divorce. “One of the principal purposes of granting temporary maintenance and/or child support is to attempt to balance the equities between the parties as fairly as possible while the dissolution case is pending.” In re Marriage of Hochstatter, 2020 IL App (3d) 190132  Temporary Motions In Illinois Divorces I tell my clients that the Illinois divorce system is fair but it takes a LONG time.  This is because seasoned divorce attorneys will not settle a case and Illinois divorce judges will not make final decisions until all of the relevant discovery is exchanged. Discovery is the financial documents that prove what a party to a divorce earns, owns and owes.  Even in the most simple cases, this process takes months until the discovery is deemed sufficiently adequate by both sides to finalize the divorce, distribute assets and award maintenance (formerly known as alimony) The way to deal with the long wait for justice in an Illinois divorce is to file the necessary temporary motions to maintain each spouse while the discovery process ensues.  The Illinois Marriage and Dissolution of Marriage Act provides for temporary motions that require very little initial discovery and evidence and can be heard very quickly by an Illinois divorce judge. “Either party may petition or move for … “temporary maintenance or temporary support of a child of the marriage entitled to support, accompanied by an affidavit as to the factual basis for the relief requested. “ 750 ILCS 5/501(a) The statute doesn’t make a distinction between child support and maintenance for temporary purposes.  They know you need the money now. Factor Description Summary Hearing The judge makes a quick decision based on financial affidavits, tax returns, pay stubs, banking statements, and other relevant documentation. Financial Affidavits Includes the respective incomes and expenses of the divorcing parties, which are critical in determining maintenance awards. Evidentiary Hearing A formal process where witnesses are put on the stand, and evidence […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/temporary-maintenance-in-an-illinois-divorce/