What is a Temporary Order Hearing in Wisconsin?

A temporary order hearing is commonly referred to as an Order to Show Cause hearing.

While there is a waiting period before parties can be divorced in Wisconsin, there is sometimes a need to have rules in place for parents as to placement schedules, temporary use of property or temporary payment of bills. When possible, parties should discuss any orders that need to be established to determine if they can come to an agreement on temporary orders. Orders include:

• Bill payment
• Custody
• Placement
• Child support
• Living situation
• Car usage
• And more

This agreement will streamline the process and a stipulation can be entered into. If not, you can request a hearing before the Family Court Commissioner who is given the authority to make just and reasonable temporary orders.

What is covered at the temporary order hearing?

All topics can be brought up at this hearing. The most common topics include child support and/or maintenance, use of the marital home, custody and placement, who has use of what vehicle, bank accounts, who pays what debts, coverage of insurances and payment of uninsured medical expenses.

Both parties will need to have the Financial Disclosure Statement prepared by this time in order to provide the Commissioner enough information for them to understand the financial circumstances of the parties and either make orders or approve of a stipulation.

If there is no agreement to all or some of the issues, a contested hearing will proceed before a commissioner. At the hearing, each side will tell the commissioner what he or she is requesting to be part of the order and why. Having facts, examples and evidence to accompany requests will help support your position.

Is this order set in stone?

Any temporary order put into place during an action is subject to change. If a commissioner enters temporary orders, either party has the right to appeal the decision to a judge in a process called De Novo Review. Further, should things change within the family action, causing a need for temporary orders to be updated, a new request for a hearing can be filed at any time.

Contact the experienced divorce attorneys at Divergent Family Law today for a free initial phone consultation.