Most people think filing for divorce is the starting line, but once the process is started, it also activates a pause button.
The moment a dissolution case is filed in Illinois, something important kicks in behind the scenes: it is called an automatic stay, or an automatic dissolution action stay. If you do not know an automatic stay has gone into
What Is an Automatic Stay and What Does It Stop?
Under the Illinois Marriage and Dissolution of Marriage Act, an automatic stay is a set of restrictions that go into effect as soon as a divorce case is filed.
Upon service of process, the stay applies to both parties, not just the person who filed.
What Conduct Does the Automatic Stay Govern?
Section 5/501.1 of the Illinois Marriage and Dissolution of Marriage Act, specifically by statute establishes a mandate:
“1) restraining both parties from physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or the minor children of either party; and
(2) restraining both parties from concealing a minor child of either party from the child’s other parent.”
Why Automatic Stays Exists and How It Helps
An automatic stay is not about control; it is about fairness and basic rules of conduct during the proceeding. Divorce can get emotional really fast and the stay is in place to keep things from spiraling while the matter is pending in Court. It protects both sides from financial surprises and prevents one person from gaining an unfair advantage.
What Can Happen If You Ignore an Automatic Stay?
Short answer: nothing good.
Violating a stay can lead to your spouse seeking to hold you in contempt of court
Does the Automatic Stay Address Financial Matters?
While originally the automatic stay had certain financial standards as an additional restriction, that part of the law was held to be unconstitutional. There is no automatic freezing of assets in Illinois. This does not mean there is nothing you can do. If immediate financial concerns need to be addressed by the Court, remedies such as temporary relief under Section 501 of the Illinois Marriage and Dissolution of Marriage Act including a temporary restraining order or a preliminary injunction can be entered.
Further, the Court can address the issue of waste or misuse of marital property at trial under the theory of dissipation.
Filing for divorce does not just start a process, it changes things. If you are thinking about getting a divorce or if you are going through a divorce, stop and speak with your attorney before you act on anything. What may feel like a normal decision in your previous everyday life may not be allowed or wise once a case is filed.
Having a conversation with an attorney can save you a lot of time, money, and stress later, and the team at Sterk Family Law Group, P.C. is here to help. We walk clients through what these rules mean in real life, so there are no surprises along the way.
Call 815-600-8950 or complete the form below to schedule a free, no obligation consultation.