QUESTION

temporary order hearing divorce

Asked on Nov 02nd, 2017 on Family Law - Wisconsin
More details to this question:
I have a temporary order hearing for divorce coming up soon. Who can all be there for the hearing? Can we bring witnesses to thia hearing? What all happens at thia hearing?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Depending on what county the case is pending in, most temporary first hearings on a divorce or separation are limited to 30-45  minutes of time. That means in a very short period of time, the court has to make important decisions on custody, placement, child support, maintenance (if an issue in the case), use of personal household items, which cars to drive, which bank accounts to use, payment of debts, and other finacnail issues. The corut hearing is usually held informally, meaning there is no court reporter in the room and the parties are not placed under oath. The parties make arguments to the court (or their attorneys make the arguments if they are represented), on each of the issues in the case and what relief they are seeking. It depends on the County, in some counties, the courtrooms are large enough to allow spectators or the public to attend. In other counties, the rooms are very small and usually, only the parties are allowed into the courtroom, along with their attorneys, of course, if they are represented. You can bring witnesses, but it is discretionary on the part of the court whether to allow them to testify. The general answer is no, don't expect the court to allow witnesses to testify at the first initial hearing. You will need to make an offer of proof as to why the witness testimony is compelling to your case. If you have a witness there to tell the court you are a great parent, they are not going to allow the witness to testify. That is not compelling. If you have a witness there to tell the court that they have seen your spouse physically abuse the children, that would be compelling and urgent enough, that the court may want to hear from the witness. The court will make a decision on all temporary issues and you will leave with a written court order that day.
Answered on Nov 02nd, 2017 at 6:56 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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