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Orders of Protection and Divorce
Parties to a marriage, whether living together or separated, can request emergency relief in a form of an Order of Protection.
If a divorce case is not yet pending, the Order of Protection proceeding would stand on its own meaning that it would not be part of any underlying divorce proceeding.
If an Emergency Petition for an Order of Protection is filed, but order not yet entered, and there is a subsequent dissolution of marriage case filed, usually the presiding Judge in the underlying divorce case takes over with respect to the Petition for Emergency Order of Protection proceeding, so that there would not be two (2) different Judges for two (2) different proceedings within the same Court.
If there is already a dissolution of marriage proceeding pending, and facts and circumstances arise where an Emergency Order of Protection is being requested for the protection of one or both of the parties, that would not be a separate new proceeding but would be part of the underlying dissolution of marriage proceeding.
In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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