What to Expect at the Temporary Order Hearing in your Divorce

11.03.2025

Author:  Attorney Andrea VonHoff

Once initiated, a divorce case cannot be finalized for a minimum of 120 days.  During that time, either party may request court intervention for a temporary order. Temporary orders typically cover:

  • Custody, placement schedules and child support when the parties have minor children.
  • Financial matters, such as spousal maintenance, responsibility for debts and bills, payment of medical and life insurance premiums, the maintenance of current beneficiaries on all insurance policies and applying for credit.
  • Property use, such as which party will have temporary use of the marital residence, vehicles, and other property and/or bank account(s).

Temporary orders may also restrict a parent from moving a child a significant distance and disposing of marital assets.

The benefit of a temporary order is that it provides clear rules and responsibilities for each party.  There is no confusion about how the status quo will be maintained because it is laid out in writing and binding on both parties. An additional benefit is that these orders are only temporary, meaning they can be changed and do not control the final Judgment of Divorce.

In Wisconsin, there is a rebuttable presumption that all debts and assets are equally divided. One advantage of a temporary order is a “debt cut off” date. As part of the Temporary Order, the Court will typically order that each party be responsible for their own debts incurred on or after a specific date.  The most common deadlines are when the divorce was filed, and when this first temporary order is granted. Depending on the parties’ spending, that difference in time can create significant changes when dividing marital property.

As part of a divorce, both parties are required to submit a Financial Disclosure Statement. This document provides a summary of your income, debts, assets, and liabilities. A party attending a temporary order hearing should be prepared to present a completed Financial Disclosure Statement.  The more detailed and accurate you make your Financial Disclosure Statement, the better equipped the court official hearing your matter will be to make fair and accurate decisions.

For more information about temporary order hearings or divorce in general, please contact the Curran Law Office at 608-847-7363.