Wisconsin Divorce and Temporary Court Orders

If you are considering divorce, you likely have questions about the legal process, concerns regarding how property such as the family home or car will be handled and, if children are involved, support and custody concerns. It is beneficial to have  a basic understanding of  the  overall process so that you can move forward confidently.

In order to initiate a  Wisconsin divorce, you and your attorney will file a Summons and Petition for Divorce with the court.  Subsequently, your spouse will be served with the Summons and Petition for Divorce within a 90 day window. Your spouse will sign the Admission of Service at his/her attorney’s office or a process server can serve the papers to him or her.  Your spouse will file a written Response and Counterclaim within 20 days of being served with the court, sending a copy to you and your attorney.

If you have concerns regarding the custody of your children, shared bank accounts and who will reside in the family home immediately after filing for the divorce, important issues such as these can be resolved for the short term in a brief hearing before the judge or court commissioner resulting in a temporary order. To request Temporary orders, you must file an Order to Show Cause for Temporary Orders and an Affidavit for Temporary Orders, which will then compel your spouse to appear at an initial hearing.

Temporary court hearings typically establish provisions for support, custody, and use of property. If you have concerns regarding your safety or that of your children, restraining orders may also be considered. Eventually temporary orders will be replaced by permanent orders when the divorce process concludes. Although temporary orders are not intended to influence the permanent order, they certainly can. Therefore, it is recommended that you retain legal representation when seeking a temporary order.

After the Summons and Petition for Divorce has been filed and Temporary Orders have been established as needed, both parties and their legal representatives will tackle  issues to arrive at a final settlement agreement.  Negotiations will include marital property and debt division, child and spousal support, child custody and visitation and more. It is highly recommended to have a skilled negotiator at your side to advocate for your position when trying to reach a settlement agreement. Often times, a amicable resolution can be reached, however, when the parties cannot agree, their case will will move forward to court.

The divorce process can run from simple to complex. If you have questions regarding divorce, child custody and support, alimony, marital property division or other family law matters, contact the Waukesha, Wisconsin Law Offices of Jane Probst for help. With 25 years of experience, our attorneys have helped many clients achieve their goals in a divorce and we welcome the opportunity to help you. We  offer a free half hour phone consultation to answer your questions regarding your case so that you can make an informed decision about representation. Call us today at 414-210-3135.