Family & Safety

Standing orders are instructions issued by a court or judge that automatically apply to certain types of cases as soon as they’re filed. In family law cases, standing orders often explain what the parties must or must not do while the case is pending and how the court will manage it. Some examples include requiring parents in a divorce case not to speak badly of the other parent or hide money from each other. Standing orders may also include rules that the judge hearing the case has about logistical matters, such as how their court call will operate.

Not every county or judge uses standing orders, and the requirements may vary depending on where the case is filed. It is important to check with the circuit clerk or the court's website to see which standing orders may apply in a case. Because standing orders are court orders, the parties in a case are expected to follow them. If someone does not, then the judge may find them in contempt of court, impose penalties, require more court appearances, or order lawyer fees paid to the other party.

Temporary orders are court orders that remain in effect while a family law case is pending. They are intended to address important issues until the judge signs the final order. One of the parties in the case must file a motion asking for a temporary order if they want one while the main case is pending. In a divorce, the temporary order can address issues such as:

• Child support,
• Spousal maintenance (spousal support or alimony),
• Parenting time (visitation),
• Allocation of parental responsibilities (custody),
• Payment of household expenses,
• Temporary possession of property, such as the family house,
• Preventing the spouses from withdrawing money from bank accounts or retirement accounts,
• Lawyer's fees, and
• Other issues that require immediate attention.

Because temporary orders are court orders, the parties in a case are expected to follow them. If someone does not, then the judge may find them in contempt of court, impose penalties, require more court appearances, or order lawyer fees paid to the other party. 

What is provided in a temporary order oftentimes becomes part of the final order, particularly if the provisions involving children are working well.

Discovery is the process parties in a case use to exchange information and evidence before a hearing or trial. Discovery helps both sides understand the facts of the case, evaluate settlement options, and prepare for court by helping them to:

• Obtain information about income, assets, debts, and other relevant facts,
• Evaluate settlement options,
• Identify witnesses and evidence,
• Prepare for hearings and trial, and
• Avoid surprises in court.

Common types of discovery include:

• Interrogatories: written questions that must be answered in writing and under oath, meaning the person answering is promising the answers are true to the best of their knowledge.
• Requests to produce documents: requests for documents or records, such as tax returns, bank statements, pay stubs, or other information relevant to the case.
• Requests to admit facts: written statements that the other party must admit or deny. A failure to reply to requests to admit by a certain deadline may mean the facts are deemed admitted.
• Depositions: questioning a party or witness under oath before trial.
• Subpoenas: requests requiring a third party to provide documents or testimony.

Learn more about discovery at Rule 201 - 219 of the Illinois Supreme Court Rules.

A financial affidavit is a document that lists a spouse’s assets, property, and debt. In a divorce and cases where child support is being requested, each spouse is required to complete this form and provide a copy to the other spouse. 

Learn more about divorce financial affidavits and their requirements.