Do You Need a Temporary Order?

The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service 800-362-9082 for additional assistance.

Consider the Need for a Temporary Order

A Temporary Order is an order by a court official in effect before the divorce is finalized. A Temporary Order is necessary when there is a need for a court order regarding how to handle placement and financial matters during the 120 day waiting period (time between filing and service of the Summons and Petition or from the filing date of the Joint Petition to the date the divorce/legal separation is granted).

Temporary orders are optional and in some cases the parties are able to resolve issues temporarily without one. While a divorce/legal separation is pending, a Temporary Order can address the following types of issues, including but not limited to:

  • Maintenance. Maintenance is money paid for the support of a former spouse.
  • Use of Property. Property includes real estate, motor vehicles, household property, bank accounts, pension plans, profit sharing plans, 401K plans, life insurance, stocks and bonds and any money owed to either spouse by a third party.
  • Responsibility for Debts and Financial Obligations. Determination of each party's responsibilities for debts and liabilities to keep payments current.

The following issues may be considered if there are minor children:

  • Legal Custody. Legal custody is defined as the party with the major decision-making authority for a minor child. Major decisions can include decisions regarding consent to marry, enter military service, religion, obtain a passport, or obtain a driver's license.
  • Physical Placement. Physical placement is the condition under which a party has the right to have a child/children physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child(ren)'s care, consistent with major decisions made by a person having legal custody.
  • Child Support. Court-ordered payments for the support of a marital child(ren). The Oconto County Child Support Agency must review all orders regarding child support and health insurance.

Obtaining a Temporary Order

Parties have two options to obtain a Temporary Order: Stipulation or request a hearing

1. Stipulation for Temporary Order 

A stipulation is a formal legal agreement between the parties. If parties have reached their own agreement and would like to make that agreement the Temporary Order, parties may complete and sign a Stipulation for Temporary Order. The parties submit their signed Stipulation with a Proposed Order and request the court official to make their agreement an Order of the Court. Each party must complete and submit a Financial Disclosure Statement with the Stipulation for Temporary Order. If either party is receiving any public assistance benefits at any time, you must provide your stipulation to the Oconto County Child Support Agency for approval prior to your submitting it to the family court commissioner's office. Once the Temporary Order is signed by the court official, it must be followed until the divorce is granted or there is a new order of the court.

Forms: The following three forms are to be completed to obtain a Temporary Order by stipulation:

  • Stipulation for Temporary Order
    • Form FA-4126VA (PDF) - Stipulation For Temporary Order With Minor Children Or
    • Form FA-4127VA (PDF) - Stipulation For Temporary Order Without Minor Children

The stipulation is to be completed and signed by both parties. The caption (top section of page 1 with the parties' names, addresses, and case number) shall remain the same as the original case filing documents (i.e. Summons, Joint Petition) no matter who files a motion or other request for hearing.

Only the caption needs to be completed on this document. The caption (top section of page 1 with the parties' names, addresses, and case number) shall remain the same as the original case filing documents (i.e. Summons, Joint Petition) no matter who files a motion or other request for hearing.

  • Financial Disclosure Statement

Each party is to complete their own financial disclosure statement disclosing their current income, expenses, assets and debt information. The caption (top section of page 1 with the parties' names, addresses, and case number) shall remain the same as the original case filing documents (i.e. Summons, Joint Petition) no matter who files a motion or other request for hearing.

2. Request a Temporary Order Hearing

Either party may request to have a Temporary Order Hearing and request to have the court make decisions on certain matters that will be in effect until the final hearing or further order of the Court. A formal motion and affidavit must be filed when parties cannot agree on the issues. The party requesting a Temporary Order Hearing completes the documents. The affidavit must be notarized; and a hearing date/time must be obtained from the Family Court Commissioner's Office and signed by a court official before filing it with the Oconto County Clerk of Courts.

Forms: The following two forms are to be completed to request a Temporary Order Hearing.

The petitioning party is to complete the appropriate sections of the document. The caption (top section of page 1 with the parties' names, addresses, and case number) shall remain the same as the original case filing documents (i.e. Summons, Joint Petition) no matter who files a motion or other request for hearing.

  • Affidavit to Show Cause and Request for Hearing for Temporary Order
    • Form FA-4128VA (PDF) - Affidavit to Show Cause and Request for Hearing for Temporary Order With Minor Children OR
    • Form FA-4129VA (PDF) - Affidavit to Show Cause and Request for Hearing for Temporary Order without Minor Children

The petitioning party is to complete the document and sign the last page before a notary public. The caption (top section of page 1 with the parties' names, addresses, and case number) shall remain the same as the original case filing documents (i.e. Summons, Joint Petition) no matter who files a motion or other request for hearing.

Note: Determining the need for a Temporary Hearing when the initial divorce/legal separation action is filed, and not after the Summons and Petition have been filed and served, will save the cost of serving the other party twice.

Temporary Order Hearing

At the Temporary Order Hearing, the Family Court Commissioner will listen to statements from the parties, review exhibits, and issue a temporary decision regarding the issues raised. Remember it is absolutely necessary for each party to have completed a Financial Disclosure Statement and have it at the Temporary Order Hearing.

If party / parties obtained permission to appear by phone of video for the Temporary Order Hearing, the Financial Disclosure Statements must be filed with the court and the other party no less than 3 days prior to the hearing.