What is the automatic stay in a dissolution filing?

law-books-36771314When a party files for a dissolution of marriage and the opposing party is served, there is a dissolution stay that automatically goes into effect.  The party that is being served receives notification of the stay with a description of same on the back of the Summons.  The stay also goes into effect if the opposing party files their appearance, and it remains in effect until a final judgment is entered, the proceeding is dismissed, or until further order of court.  Generally, the stay provides that neither party can remove the minor children from the state of Illinois without a Court Order.  The stay also prohibits any harassment, physical abuse, intimidation, striking or interfering with the personal liberty of the other party and the minor children, if any.

The mentioning and use of dissolution stay in pre-decree proceedings is perhaps undervalued.  This provision is in place as a protection for the parties.  There are other emergency sorts of relief that can be utilized by the parties, such as a temporary restraining order, or, exclusive possession of the marital home, but these require notice and a motion (generally).  The dissolution stay is automatically afforded to the parties upon filing and service or appearance of the opposing party.

Leave a Reply