Temporary order hearings are quick, often less formal court proceedings held early in a divorce or family law case to establish immediate, short-term rules for child custody, placement, support, and property use. The hearing is generally scheduled for within 30 days of the initial filing. They provide stability for the family and the finances while the case is pending and last until the final judgment.
When parties file for divorce, Wisconsin law requires a mandatory 120-day waiting period before the divorce can be finalized. But, there are usually urgent issues that need to be addressed in the interim, such as child custody and placement as well as financial decisions. Temporary order hearings resolve these matters and ensure that there is a plan in place.
Either party may request a temporary order hearing to address how important issues
will be handled until the final divorce decree is approved. The important thing to note is that the orders granted in a temporary order hearing are temporary. They do not necessarily reflect what will be in the final divorce agreement.
A hearing for a temporary order may be brought by filing a motion with the court and stating the reasons for the temporary order request. These documents must be filed in the same county where the initial divorce pleadings were filed. If you have legal representation, your attorney will file these documents for you.
If child custody and placement decisions need to be made, the court must schedule a temporary order hearing within 30 days from the filing date of the request. This can sometimes be extended if the court is booked up and unable to fit a temporary hearing into its schedule. If there are no minor children and/or no need to decide custody and placement, that can also cause the hearing to be scheduled further than 30 days out, depending on the court’s current case volume.
Courts often face a heavy caseload, so if you know you have urgent matters that need to be addressed during the divorce process, you will want to consider filing for a temporary order hearing at the same time or as soon as possible after filing your initial divorce paperwork. Your attorney can help you decide if a temporary order hearing is needed and when the best time to file a request is.
Wisconsin statute 767.225 lists the various temporary orders the court can make, such as:
The court wants to ensure that both parties can afford their bills and maintain their usual style of living while they are going through the divorce process. It will consider each parties’ income, debts, and expenses and then split finances accordingly among the parties. The court considers factors such as, who possesses the property with the debt, whose name is on the bill, who has typically paid a bill or expense in the past, and how much each party makes.
If the parties cannot come to an agreement on their own, the court may decide which party can temporarily possess certain marital personal and real property. The most common items considered are the shared residence and each party’s vehicles. The court has the power to order one of the parties to vacate the home. It may also assign a vehicle to each party. The party who possesses the property will usually be the one responsible for paying the bills on that property.
Legal custody and physical placement of minor children are the most common topics considered within a temporary order hearing among parties with young children. Legal custody means the right to make major decisions on behalf of the child, including those about education, healthcare, and religion. Physical placement means where the child lives, when they live there, and with which parent.
In Wisconsin, the law presumes that joint legal custody, meaning both parents share decision-making, is in the child’s best interest. The court’s primary goal is to maximize physical placement for both parents, barring any extenuating circumstances such as abuse. The court prioritizes the child’s well-being above all else.
A temporary custody order establishes custody and placement of minor children while waiting for a final divorce order. An emergency custody order protects minor children from immediate, irreparable harm, such as abuse, neglect, or abduction.
Emergency custody orders are usually granted ex parte, meaning without the other parent present, in just hours or days after filing. For temporary custody orders, both parties must receive notice of the hearing, which can take up to 30 days to schedule.
Temporary orders remain in effect until a final divorce order is issued. Even though the orders are temporary, they must be followed. Breaking temporary orders are considered contempt of court and will likely affect the final outcome of the case.
Temporary orders take effect immediately upon being signed by a judge or court commissioner. These orders are issued either after a temporary order hearing, or if the parties come to an agreement before the hearing, after the parties have both signed and submitted a temporary order stipulation.
Temporary orders remain in effect until a final divorce order is issued. They may also be modified during the divorce process for reasons such as a substantial change in circumstances, an emergency situation, or if both parties agree on changes. Any modifications must be filed by a motion with the court.
Violating temporary orders can lead to being held in contempt of court, and that will likely impact the final outcome of the case. The consequences of violating a temporary order can lead to the court changing the order, ordering sanctions, and even imposing jail time. If one party violates a temporary order, the other party can file a motion of contempt with the court.
