Divorce Lawyer Wausau: Temporary Orders

 In Divorce, Custody & Placement

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In Wisconsin, with limited exceptions, a final hearing  in a divorce matter cannot take place until 120 days after the date of service of the divorce petition.  In most cases, the divorce process takes much longer, depending on how many issues are in dispute.  Often, clients face great uncertainty about where each party will live, when each party will see the children, and how income and debts will be divided while the divorce is pending.  A “Temporary Order” can spell out the rules the parties will live by until the divorce is finalized.

Divorce Lawyer Wausau Note: Temporary orders are not supposed to set a precedent for the outcome at the final hearing. That is not always the case, however, and a Temporary Order often becomes the framework for the Final Order. Because a party that receives a favorable temporary order may have a significant strategic advantage over the other party at the time of the final hearing, legal representation at Temporary Hearing is strongly advised.

The terms of a Temporary Order can be agreed upon by the parties in a Stipulation approved by the Court without the need for a hearing. If the parties can’t reach an agreement, either party can request that the Court enter a Temporary Order. If this happens, there will be a “Temporary Hearing.” The hearing is typically scheduled about three to six weeks after the request is made, depending on the court’s and attorneys’ schedules. Temporary Hearings are almost always presided over by a Family Court Commissioner, rather than a Judge. Any decision by a Family Court Commissioner may be re-tried to a judge of the circuit court upon motion of either party.

Temporary Orders can cover issues such as custody and placement of minor children, child support, maintenance, use of personal property and financial assets, occupancy of the marital residence, and allocation of debts.

Divorce Lawyer Wausau Commentary

A Temporary Hearing can be one of the most significant events in a divorce.  The outcome of the hearing — embodied in the Temporary Order — establishes a precedent that can sometimes be difficult to change.  Do not take a Temporary Hearing lightly.  Make sure you are prepared.  Legal representation by a qualified family law attorney is strongly advised.

Divorce Lawyer Wausau Contact Info

Divorce Lawyer WausauGet more information about divorce procedure in Wisconsin. Learn more about the divorce process from divorce lawyer Wausau.  If you have questions about temporary orders or other matters related to divorce, call a divorce lawyer Wausau at our law office for a free telephone consultation. Call 715.843.6700 to speak with a divorce lawyer Wausau.

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