Automatic Restraining Orders, Important But Often Overlooked

Does Illinois Have Automatic Restraining Orders in a Divorce?

Here is something that surprises many clients: Illinois divorces do not come with an automatic freeze on your finances. There is an automatic order in every case. Under 750 ILCS 5/501.1, the moment a spouse is served with the summons, a Dissolution Action Stay takes effect on its own, printed right on the summons, that bars both spouses from abusing, harassing, or intimidating each other or the children, and from concealing a child of the marriage from the other parent. What that stay no longer does is freeze property or bank accounts. The Illinois Supreme Court struck down that part of the statute in Messenger v. Edgar (1993) as a due process violation, which is why a financial restraint still has to be requested from the court under 750 ILCS 5/501. In some states, the moment a divorce petition is filed, both spouses are automatically barred from moving money, changing insurance, or taking the children out of state. Illinois takes a different approach, and understanding the difference can protect you from costly mistakes.

What Illinois Does Instead: Temporary Relief on Request

Under 750 ILCS 5/501, either spouse can ask the court for temporary relief while the divorce is pending. A judge can enter a temporary restraining order or preliminary injunction that:

• Prohibits transferring, hiding, selling, or borrowing against property
• Prevents either spouse from canceling or changing health, life, auto, or property insurance
• Bars either parent from removing a child from Illinois
• Sets temporary maintenance, child support, or exclusive possession of the home

The key word is request. None of this happens on its own. If you are worried your spouse may drain an account or cancel coverage, your attorney needs to ask the court for protection early, sometimes on an emergency basis.

The Backstop: Dissipation Claims

Illinois also protects you after the fact. Under 750 ILCS 5/503(d)(2), if a spouse spends marital money for a purpose unrelated to the marriage while the marriage is breaking down (think gambling, gifts to a new partner, or unexplained withdrawals), the court can charge that dissipation back against their share of the property division. Keep records: statements, receipts, and dates matter.

When Safety Is the Concern: Orders of Protection

If there is harassment, threats, or abuse, that is a different tool entirely. Illinois courts issue Orders of Protection under the Illinois Domestic Violence Act (750 ILCS 60), which can order an abuser to stay away from you, your home, your workplace, and your children. These can be obtained on an emergency basis, often the same day.

Practical Rules While Your Divorce Is Pending

Even without automatic orders, judges expect financial good faith. Until your case is resolved:

• Do not make large purchases, transfers, or withdrawals without documenting them
• Do not cancel or modify insurance that covers your spouse or children
• Do not relocate children out of state without agreement or court approval
• Do keep paying ordinary household expenses and keep receipts

Spending on necessities and reasonable attorney fees is expected. Anything unusual should be discussed with your lawyer first, because it may be scrutinized later.

The Bottom Line

In Illinois, protection during a divorce is available, fast, and effective, but it is not automatic. If you are filing (or have just been served) and you are concerned about assets, insurance, or your children, talk to an attorney promptly so the right temporary orders get in place. Inspired Law Group helps clients across Lockport, Joliet, and all of Will County secure temporary relief that holds. Call (815) 838-5297 for a consultation.