Wisconsin Family Law: The Process of Seeking Temporary Orders

When navigating family law in Wisconsin, certain situations may necessitate the need for temporary orders. These orders can address various issues, including child custody, child support, spousal maintenance, and property division. Understanding the process of seeking temporary orders is crucial for families undergoing legal transitions.

Temporary orders are designed to provide immediate relief and clarity during pending family law matters, ensuring that the needs of children and parties involved are met while the case is being resolved. Here's a breakdown of the process for obtaining such orders in Wisconsin.

The Types of Temporary Orders

In Wisconsin family law, there are several types of temporary orders that individuals may seek:

Temporary Child Custody: This order dictates where children will reside and who will have decision-making authority during the pendency of the case.
Temporary Child Support: This order provides for financial support for children while the case is ongoing.
Temporary Spousal Support: Also known as temporary maintenance, this order assists a lesser-earning spouse during the divorce process.
Property Control Orders: These orders protect assets or debts from being mismanaged while the divorce or custody case is settled.

The Process of Seeking Temporary Orders

To secure temporary orders, a party must file a request with the court. The process generally involves the following steps:

Filing a Motion: The individual seeking temporary orders must file a motion with the family court. This motion should clearly outline what they are requesting and the reasons for the request.
Supporting Affidavits: Accompany the motion with supporting affidavits that provide evidence justifying the need for temporary orders. This may include details about the child’s needs, financial situations, and any potential risks to the child.
Notice of Hearing: After filing the motion, the individual must notify the other party of the motion and the scheduled hearing. This is typically done through a formal service process.
Hearing: A court hearing will be scheduled where both parties can present their case. It’s essential to prepare thoroughly, including gathering evidence and having witnesses if necessary.
Court Decision: After the hearing, the judge will issue a decision on the temporary orders based on the evidence presented. The orders may be granted, denied, or modified as necessary.

Duration and Modifications

Temporary orders in Wisconsin typically remain in effect until the final resolution of the family law matter. However, circumstances can change, and either party can petition the court to modify the temporary orders if there are significant changes in situation or concern.

Seeking Legal Assistance

Family law matters can be complex and emotionally charged. As such, it’s often advisable to consult with a qualified family law attorney who can provide guidance through each step of the process. An attorney can help ensure that your motion is effectively presented and that your rights are protected throughout the proceedings.

In conclusion, understanding the process of seeking temporary orders in Wisconsin is essential for families in transition. By following the proper steps and obtaining legal support, individuals can better navigate the challenges of family law and ensure the best outcomes for themselves and their children.