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Temporary Court Orders versus Final Court Orders

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In Chicago family law courts, as in many jurisdictions, “temporary court orders” and “final court orders” serve distinct purposes within the legal process. Here’s a breakdown of the key differences between the two:

Temporary Court Orders

Purpose:

Issued to address immediate needs and concerns while a case is still ongoing (such as during divorce or paternity case), including issues pertaining to temporary maintenance (aka alimony), child custody (ie parenting time), or child support proceedings.

Duration:

They remain in effect until the court makes a final decision or until modified by another court order.

Common Uses:
  • Temporary custody and visitation arrangements (ie parenting time in Illinois) for children
  • Temporary child support or spousal support ( ie maintenance in Illinois)
  • Temporary possession of the marital home
  • Temporary restraining orders or protection orders
Process:

Can often be granted relatively quickly, sometimes in emergency situations, and may be based on less formal hearings or affidavits.

Modifications:

Temporary orders can be adjusted as circumstances change during the case.

Final Court Orders

Purpose:

These are the court’s ultimate ruling on the issues in the case, made after all evidence and arguments have been presented.

Duration:

Final orders are intended to provide a lasting resolution to the case. They remain in effect unless appealed or modified under specific circumstances (e.g., a change in circumstances for child parenting time, decision making, or support).

Common Uses:
  • Permanent child custody and visitation arrangements (ie known as an allocation judgment of parental responsibilities in Illinois)
  • Final determinations of child support and spousal maintenance
  • Division of marital property and debts
  • Final orders on any other legal issues between the parties
Process:

Issued after a full trial or settlement agreement, based on thorough consideration of the facts and the law.

Modifications:

While final orders can be appealed or modified, modifications require a significant change in circumstances, including maintenance (ie spousal support).

Key Differences: Temporary Court Order versus Final Court Order

  1. Short-term solutions during litigation versus resolve the issues permanently
  2. Issued quickly to maintain stability during the legal process versus after all evidence has been considered
  3. Can change as the case progresses versus a definitive resolution, with limited options for change.

Both types of orders are critical in family law cases, as temporary orders provide stability during what can often be a lengthy legal process, while final orders provide the ultimate resolution of the dispute. Reach out to an experienced matrimonial and family law attorney at WARD FAMILY LAW, LLC for a consultation. You can reach Jennifer Ward at jward@wardfamilylawchicago.com or at 312-803-5838.

Our dedicated team of lawyers, paralegals, and staff provides reliable guidance and support
every step of the way.

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