Divorce is rarely straightforward, and the months between filing for divorce and the final decree can be challenging. Who stays in the house? Who pays the bills? Where do the kids go, and when? Temporary Orders exist to answer all of these questions by creating a clear set of rules for your family to live by until your divorce is finalized.

What Are Temporary Orders in a Wisconsin Divorce and Why Are They Necessary?

Temporary Orders address day-to-day issues between a couple while a divorce is pending. They are “temporary” in the sense that they dictate how a divorcing couple will manage matters between them until the divorce is finalized.

Temporary Orders establish immediate, binding rules for issues such as child placement and visitation, support, alimony, bill payment, and occupancy of the marital residence. They are typically established shortly after the divorce is filed and help ensure stability for the divorcing couple and their children while the legal proceedings are pending. They also allow a divorcing couple to try different arrangements to see what works best for them until the final divorce order.

A Temporary Order may be necessary if you and your spouse cannot agree on issues such as:

• Who will continue to live in the marital residence?
• Who is responsible for paying the mortgage?
• Who is responsible for the car payments?
• Who can use the credit cards?
• When will the children be with each parent?
• Who will pay child support?

What Is a Temporary Order Hearing?

When a divorcing couple cannot agree on certain matters, they can request a Temporary Order. Before granting the Temporary Order, the judge or court commissioner will typically hold a hearing to learn about the matters in dispute before making a decision. Temporary Order Hearings are common in a contested divorce and may be your first court appearance.

How to Request a Temporary Hearing

If you and your spouse need help establishing your respective rights and responsibilities while divorce proceedings are pending, your attorney can file an “Order to Show Cause for Temporary Orders” accompanied by an Affidavit stating that you and your spouse have been unable to come to an agreement regarding temporary matters in your divorce. Once your attorney files an “Order to Show Cause for Temporary Orders” the court will schedule a hearing to review the matter before issuing Temporary Orders.

What To Expect in a Temporary Order Hearing?

A Hearing on Temporary Orders can be held before a judge or a court commissioner. At the Temporary Order Hearing, the attorneys will present information about the matters you wish the court to decide. For example, in financial matters, your attorney might provide the court with financial statements that identify your assets, debts, monthly expenses, and income, accompanied by an explanation and argument requesting orders that are beneficial to you.

Temporary Order Hearings can last anywhere from 30 minutes to a full day, depending on the number and nature of issues the court is asked to hear. Most Temporary Order Hearings last 30 to 60 minutes and are intended to quickly address urgent matters such as child support, temporary custody, and short-term financial matters. During the hearing, the judge or court commissioner may ask you and your spouse questions to gather additional information. Temporary Order Hearings are typically rather informal. The Rules of Evidence are often relaxed and the hearing may feel more like a conversation.

How to Prepare for a Temporary Orders Hearing

Proper preparation can ease your mind before the Temporary Order Hearing. Begin by gathering your financial information and creating a detailed budget. This can provide a clear picture of your financial situation and help you justify your request for temporary child support, spousal support, and other financial needs. Your attorney can help you gather evidence, prepare for potential questions, and present your case in the best possible light.

Can Temporary Orders Be Modified Before the Final Divorce Decree?

Temporary Orders can be modified before the final divorce decree. In some situations, the Temporary Order becomes the final decree. However, it is not uncommon for either party to request a Temporary Order Hearing to request changes to the Temporary Orders.

What Happens if Someone Violates a Temporary Order?

Temporary Orders are court orders and carry the force of law. If someone violates a Temporary Order, the opposing attorney can file a Motion for Contempt indicating that someone is not following the court order. The consequences of violating a Temporary Order can be harsh and could lead to the court to change the Temporary Order, impose sanctions, or even sentence someone to jail time.

How Muter Law Office Can Help

If you are considering divorce or your spouse has already filed, you must act quickly to protect yourself, your rights, your family, and your future. The attorney team at Muter Law Office can guide you through the divorce process with confidence and clarity. We will protect your rights, help you understand your options, and ensure your legal issues are handled fairly.

Contact the Family Law Attorneys at Muter Law Office Today

Contact the Muter Law Office today to schedule a confidential appointment to discuss your situation and how we can assist you.