Temporary Relief

Getting Temporary Financial Relief During You Divorce Case

Obtaining Temporary Maintenance (Spousal Support)

During your divorce case, you can seek an award of temporary maintenance (formerly known as alimony). Many people fear that they will have to wait until the end of the case for their spouse to provide them with maintenance but this is simply not the case. In order to receive temporary financial support from your spouse, you have to file a Petition with the court and attach an affidavit as to the reasons why you need spousal support. Your affidavit is a very important piece of the puzzle. Your affidavit should be as detailed as possible. You need to show the judge that you financially need support and that your spouse has the financial means necessary to provide you with that support. You should also include all other relevant factors in your Petition and affidavit, including the property owned by you and your spouse and your monthly debt.

Some of the factors that your judge will consider when awarding temporary maintenance are:

  • The income of you and your husband
  • The property of you and your husband
  • Any impairment on your ability to seek employment
  • The duration of the marriage
  • The standard of living during the marriage
  • If there is an agreement between you and your spouse

One factor a court will not consider is marital misconduct. In other words, it does not matter to your divorce judge if your spouse was not faithful to you.

This temporary award of maintenance may be lower than the final award of maintenance you receive. The temporary hearings tend to be shorter in duration than a final hearing as the court just wants to make sure that each party has sufficient resources to complete their litigation.

Obtaining Temporary Child Support

One of the most pressing issues in the beginning of a divorce case is ensuring that the children are being properly taken care of (financially and emotionally). To this end, judge’s will put a child support Petition on the fast track. Again, as with a Petition for Maintenance, if you are seeking temporary child support, then you have to file a Petition and attach an affidavit stating the reasons for child support. The affidavit should set forth the financial need for the support and the ability of the other parent to provide that support.

This temporary award of child support may also be a lower amount than the final amount of support to be determined later. One of the main reasons why the amount of support might be lower at this time is because your lawyer might not have all of your spouse’s financial and employment records. Your lawyer will be able to obtain the relevant financial documents during the discovery phase of your case.

Going Through a Divorce and Need Temporary Relief?

If you are contemplating a divorce or if you have already filed a case, be sure and work with a reputable attorney. The lawyers at Taradash Given, P.C. have the knowledge and experience necessary to make sure that you and your children are protected financially. Feel free to call us at (312) 775-1020 (there is no charge!) or contact us online to ensure your rights are protected.

Not Happy With Your Attorney?

It happens every day. Clients going through a divorce, or any family law matter, change lawyers during their case. It’s simply a fact of life. Sometimes the lawyer just doesn’t get the intricacies of divorce court or, perhaps, the client and the lawyer just don’t get along.

Frequently Asked Questions

When going through a divorce, most people don’t know what to expect. From the length of the divorce to the cost and everything in between, there are many unknowns. Relax. This is why it is important to have a seasoned Chicago divorce lawyer representing you.

Client Reviews

Excellent lawyer and a good human being - He was fast, he was empathetic, he was sure about what he was doing, got me my divorce very quickly while I was stuck with another lawyer for 6 months. Very courteous and doesn't try to bluff you.

Sid

Dean helped me through one of the worst times of my life. I married my best friend and we had three kids together. After things began to turn for the worst she sought a divorce and began threatening to withhold my children from me. She then kicked me out of our home. This became a nasty divorce and...

Peter

In addition to knowing his stuff, Dean was very supportive during a process that was emotionally difficult. He listened and helped me every step of the way in the divorce process. Dean was very responsive and everything was handled very professionally. Highly recommend.

Angi M.

By far this is the best experience I’ve had! They were considerate of my feelings and misfortune due to my injuries! They always got back to me on the progress of my claim! I would recommend them highly if your looking for a good legal team! Thank you Steve for all your hard work and what you did...

Kimberly W.

I want to express my appreciation for the exceptional work done by Morgan at Taradash Given P.C. She worked day and night negotiating with my former spouse and was a true advocate. Her commitment and dedication to my case did not go unnoticed and I am very grateful for her efforts. Additionally...

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