What to Expect at the Temporary Order Hearing for Divorce
Aug 25, 2016
A divorce has been filed and you are trying to figure out how to deal with all the issues that need to be dealt with during the divorce process. The major issues of a divorce case can vary but typically they include child custody, child placement, child support, property division and maintenance. Child custody, who will be responsible for the major decision making when it comes to the children. Child placement, who will have placement of the children and when. Child support, who will be responsible to pay it and how much will it be. Property division, who will have ownership of the family home, the vehicles and who will be responsible to pay the debts associated with them. Maintenance, will it be awarded, how much will it be and how long will it last. All these issues and more can be addressed at the Temporary Order Hearing in the divorce.
Temporary Order Hearing
If you are going through a contested divorce, meaning both parties are not in agreement, the first hearing you will have is a Temporary Order Hearing. It is called a Temporary Order Hearing because the decisions made through the Temporary Order are not permanent, the purpose is to have set rules to follow until the courts final judgment of divorce is entered.
Stipulation for Temporary Order
Sometimes a Temporary Order hearing is not necessary in your divorce because the parties can come to an agreement on the major issues in the divorce. This is more likely to happen when there are no minor children involved in the case because child custody, child placement and child support are not issues. However, even without children there are still the issues of maintenance, use of the family home and other personal property and payment of bills. If an agreement can be reached, then you will file a Stipulation for Temporary Order, which lays out the temporary rules.
At the Hearing
If there is no agreement for a stipulation for temporary order, then the court has a temporary order hearing. At the hearing the family court commissioner will review the details of the case to decide what issues exist. They will consider the underlying facts and both parties’ arguments. He also reviews the financial disclosure statements provided by each party. After reviewing the information provided and asking any questions he wishes to both parties, he will decide on the temporary order. This temporary order will be in place until the final divorce hearing. If custody and placement are not agreed to at the hearing then the court commissioner will order you to Mediation.
At mediation both parties attempt to work together with the help of a mediator to try to come up with an agreement on child custody and child placement. If no agreement is made at mediation, the court can order a Guardian Ad Litem to represent the children’s best interest and they will perform an investigation and report to the court what they believe to be in the best interest of the child or children.
Divorce is never anyone’s goal but it happens every day. To make divorce less stressful, it is extremely helpful to have knowledge about what is going to happen at every step of the divorce process. At Pedersen Law Office, LLC we strive to help keep you educated on what to expect and help you through the process. We offer free consults in all of our areas of practice and will meet with you personally to discuss your specific circumstances. Our law office serves the communities of Appleton, Neenah, Menasha, Oshkosh, Green Bay and their surrounding areas.