Temporary orders are the orders a court may make effective from the time a lawsuit for divorce is filed until it is resolved and the divorce decree is signed by the court. These orders are generally designed to preserve the status quo (current status) of the spouses’ marital property, finances, and children, and may include obligations to pay temporary child support, pay temporary spousal support, and provide for child custody and visitation arrangements. Temporary orders may also prohibit the spouses from selling or transferring significant marital or community property assets. If there are any allegations of family or domestic violence or abuse, the court may issue a stay-away order of protection restricting the spouses’ physical proximity to each other and the nature and means of their communications with each other.
Laws regarding the subjects and processes for temporary orders vary from state to state and are usually located in a state’s statutes—often in the family code or domestic relations code.
In Wisconsin, temporary orders are available during divorce proceedings to maintain the status quo and address immediate needs before the final divorce decree is issued. These orders can cover a range of issues, including but not limited to temporary child support, spousal support (maintenance), child custody and placement, and use of the marital residence and property. Wisconsin law also allows for temporary orders to prevent the dissipation of assets by prohibiting the sale or transfer of significant marital property. When there are concerns about family or domestic violence, the court can issue temporary restraining orders or injunctions to protect the parties involved. The procedures and specifics of these orders are governed by Wisconsin statutes, particularly those found in Chapters 767 and 813 of the Wisconsin Statutes. It is important for individuals going through a divorce to consult with an attorney to understand their rights and the potential for obtaining temporary orders in their specific circumstances.