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Order to Show Cause and Affidavit

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Stipulation for Temporary Order – Without Minor Children

STATE OF WISCONSIN, CIRCUIT COURT,

COUNTY

In RE: The marriage of:

Petitioner/Joint Petitioner-Wife:

and

Respondent/Joint Petitioner-Husband:

Stipulation for Temporary Order

Without Minor Children

Divorce-40101

Legal Separation-40201

Case No.

SUMMARY OF PERSONAL INFORMATION

1. Wife:

Name

Address

Address

City State Zip

Date of birth

Gross monthly income $

Employer name

Address of payroll office

City State Zip

Phone Fax

2. Husband:

Name

Address

Address

City State Zip

Date of birth

Gross monthly income $

Employer name

Address of payroll office

City State Zip

Phone Fax

STIPULATION

The parties agree that the following terms be in effect until the final hearing of this action.

1. SUMMARY OF FINANCIAL AGREEMENTS

A. Maintenance (spousal support) The parties agree that temporary maintenance shall be paid as follows:

1. For the Wife:

a. The wife gives up her right to receive maintenance at this time.

b. The husband shall pay maintenance to the wife in the amount of $ per month beginning on the first day of the month of 20.

2. For the Husband:

a. The husband gives up his right to receive maintenance at this time.

b. The wife shall pay maintenance to the husband in the amount of $ per month beginning on the first day of the month of 20.

B. Payments for Maintenance shall be made to the Wisconsin Support Collections Trust Fund (WI SCTF):

1. Directly from the payer to WI SCTF (only if self-employed).

2. By income assignment from the payer’s employer as indicated on page 1.

3. No maintenance is to be paid at this time.

C. Information about how payments are made to WI SCTF.

All payments for maintenance ordered shall note the case number and the names of the parties on the face of the check, should be made payable to WI SCTF, and sent to:

Wisconsin Support Collections Trust Fund
Box 74400
Milwaukee, WI 53284-0400

The WI SCTF will transmit the payments to the proper persons entitled to them.

Failure of an employer to pay the proper amount shall not be a defense for failure to pay the proper amount. If an employer fails to take out the correct amount for maintenance, the party paying is responsible for the full and correct amount.

The party paying maintenance is responsible for payment of the annual receiving and disbursing fee to WI SCTF.

2. SUMMARY OF OTHER AGREEMENTS

A. Residence:

1. The parties do not own or rent a residence together.

2. The parties do own or rent a residence together and agree that:

a. The wife shall have temporary exclusive use of the residence and the husband shall leave the residence on or before

b. The husband shall have temporary exclusive use of the residence and the wife shall leave the residence on or before

c. Both parties agree to share the residence.

d. Both parties agree to vacate and/or sell the residence by

3. Sale of Residence:

a. The parties do not own a residence.

b. The residence shall not be placed for sale at this time.

c. The residence shall be placed for sale no later than

4. Other Real Estate: One or both of the parties own additional real estate, the agreement for temporary use of which is disclosed as an attachment.

a. Yes, see attached agreement.

b. No

B. Personal Property Division: The parties agree that the wife shall be awarded the temporary exclusive use of the personal property in her possession and the husband shall be awarded the temporary exclusive use of the personal property in his possession.

1. with no exceptions.

2. except for the following property:

Any exchange of property shall be made by according to the following arrangements:

C. Debts and Liabilities

1. Each of the parties shall be responsible for the following debts and liabilities:

Payment for: Payment to: Paid by wife Paid by husband Shared equally
Mortgage
Rent
Car 1
Car 2
Insurance-Home
Insurance-Auto
Insurance-Medical
Insurance-Life
Loans-Student
Loans-Personal
Loans-Other
Credit Card 1
Credit Card 2
Credit Card 3
Credit Card 4
Other
Other
Other

2. The parties agree and understand:

  • Unless otherwise agreed upon in the order, each party shall pay his or her own future monthly household expenses.
  • Each party assigned a debt shall be fully responsible for that obligation and shall not make any demands upon the other party concerning that debt.
  • Both parties are restrained from making any further debts against the credit of the other party.
  • Any debt incurred after the date of this order shall be the responsibility of the party who incurred it and that party shall not make any demands upon the other party concerning that debt.
  • Creditors are NOT bound by this agreement and that each party remains liable to creditors for all marital debts.
  • Any party who suffers a loss because of a failure of the other party to pay an assigned debt may enforce that obligation by an order to show cause for contempt of court.

D. Incorporation of Agreement Into Temporary Order

The parties agree that this stipulation shall be submitted to the court for approval and all parties request that the court make this stipulation a temporary order of the court.

E. The parties agree that:

This court has jurisdiction over the marriage and the parties individually.

Both parties freely and voluntarily, without any force or coercion, enter into and sign this agreement.

Both parties have fully disclosed all information about income, expenses, assets and debts to each other.

This agreement is based on compromise between the parties, but as a whole, is fair and reasonable.

A court may enforce the terms of this agreement through the powers of contempt of court.

Signature of Wife

Signature of Husband

TEMPORARY ORDER

1. The agreement of the parties as set out in this stipulation is adopted by the court.

2. The parties are ordered to comply with this agreement while this divorce/legal separation action is pending unless this order is changed by a later court order.

3. The court further orders:

A. Income Tax Returns. The parties agree to file their income tax returns consistent with the rules of the IRS, Wisconsin Department of Revenue, and Wisconsin’s Community Property law.

B. Modification and Waiver. A modification or waiver of any of the provisions of this agreement shall be effective only if it is made in writing and is dated and signed by all parties and approved by the court.

C. Restraining Order. Both parties are restrained from interfering with the personal liberty of the other, from encumbering or disposing of assets or property, and from incurring debts or credit in the name of the other party.

D. Change of Employer/Address. Both parties shall notify the Clerk of Courts and the county Child Support Agency within 10 days of any change of address or change of employers. Notice shall also be sent at the same time to the other spouse unless contact is prohibited by court order.

E. Failure to abide by these temporary orders is punishable as contempt of court pursuant to ch. 785 Wis. Stats. All temporary orders are made without prejudice to the rights of either party at the time of the final hearing.

F. Both parties are prohibited from encumbering, concealing, damaging, destroying, transferring, selling, giving away, or removing from this state any of his, her or their property without permission of the court, or written consent of both parties, except in the usual course of business, or in order to secure necessities.

G. Neither party can disconnect any utility services or cause any other essential services of the residence of the other party to be discontinued without written consent of the parties or further order of the court.

H. Each party is responsible for his or her own future uninsured medical, dental, orthodontic, hospital, psychiatric, counseling, drug and other health expenses.

I. Both parties shall maintain all current beneficiaries on all life, medical, hospital, automobile, household, or other insurance and in any current wills while this action is pending.

J. Pursuant to § 767.75(a) Wis. Stats., this temporary order for maintenance constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 Wis. Stats., and other money due or to be due in the future to the Wisconsin Support Collections Trust Fund as will be sufficient to meet the maintenance ordered here.

K. Pursuant to § 767.75(2r) Wis. Stats., if maintenance is to be paid, the assignment of paragraph “j” above is effective immediately, and the employer of the party paying shall be notified of the assignment of income immediately.

4. Failure to comply with the terms of this order may result in punishment for contempt of court under ch. 785 Wis. Stats.

For Court Use Only

BY THE COURT:

Enter text✕

What the Order to Show Cause and Affidavit Are

An Order to Show Cause and accompanying affidavit are court-focused filings used to request expedited judicial action and provide sworn factual support. The Order to Show Cause asks the court to require a party to appear and justify or explain conduct, while the affidavit supplies verified facts, dates, and evidence under oath. Together they create the procedural foundation for interim relief such as temporary restraining orders, preliminary injunctions, or expedited discovery. Preparing both documents requires attention to local rules, service requirements, and accuracy because courts evaluate both procedural sufficiency and factual credibility.

Why this combination matters for urgent judicial relief

An Order to Show Cause paired with a sworn affidavit allows a filer to seek immediate court attention and present verified facts under oath, which can accelerate hearings and preserve rights pending full adjudication.

Why this combination matters for urgent judicial relief

Who typically prepares or files these documents

Practitioners, parties, and courts rely on Orders to Show Cause and affidavits when time-sensitive judicial intervention is necessary.

  • Civil litigators and law firms preparing emergency relief requests in contested matters.
  • In-house counsel and corporate compliance teams seeking interim injunctions or asset preservation.
  • Self-represented litigants filing expedited motions in small-claims or family court contexts.

Users should confirm local court rules and e-filing procedures before preparing documents to avoid procedural rejection or delay.

Representative signers and filers

Civil Counsel

An attorney representing a plaintiff or petitioner who drafts the Order and affidavit, attaches exhibits, and certifies service under local civil procedure rules; often coordinates expedited hearing dates with the court clerk and opposing counsel.

Pro Se Litigant

An individual representing themselves who prepares the affidavit sworn before a notary and files the Order to Show Cause, but must follow court formality and service rules exactly to avoid dismissal for procedural defects.

Essential compliance and security attributes

Encryption: TLS 1.2/1.3 in transit
Data at rest: AES-256 encrypted storage
Audit trail: Detailed signature history
HIPAA: BAA available when required
ESIGN / UETA: Legal e-signature frameworks
21 CFR Part 11: Compliant for regulated records

Step-by-step: drafting and filing an Order to Show Cause with affidavit

Follow a clear sequence from drafting through service and hearing to reduce procedural risk and support judicial review.

  • 01
    Draft documents: Prepare the Order, supporting affidavit, and exhibits with factual numbering and legal citations.
  • 02
    Review local rules: Confirm page limits, font size, filing fee, and emergency procedures in the court's local rules.
  • 03
    Notarize affidavit: Execute jurat before a notary or use permitted RON process with retained AV records.
  • 04
    File and serve: E-file where available and effect service on opposing parties per procedural rules.

Process flow from filing to hearing

This sequence shows core milestones; some steps may overlap depending on jurisdiction and case urgency.

  • Prepare: Assemble affidavit, exhibits, and proposed order for judge's signature.
  • Notarize: Affiant swears to facts before notary or via approved RON.
  • File: Submit documents to the court clerk or e-filing portal.
  • Serve & calendar: Serve opposing parties and request expedited hearing if warranted.

How to configure an online workflow for these filings

Set up fields and signer authentication that mirror court requirements and preserve evidentiary chains.

Field Configuration
Signature type Jurat signature field with date
Authentication Email + SMS code or advanced ID verification
Attachment handling Include exhibits as numbered PDFs
Retention Enable audit trail and export to PDF/A

Digital submission and platform considerations

Choose an eSignature platform that supports notarization workflows, preserves an audit trail, and exports court-ready PDFs.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • File formats: PDF, DOCX, PDF/A
  • Authentication: SMS codes, KBA, advanced ID

Verify that the platform can produce a tamper-evident signed PDF, retain signer metadata, and meet any agency requirements such as HIPAA or 21 CFR Part 11 when applicable.

Common timeline checkpoints and filing windows

Timing varies by court; confirm local rules. The following checkpoints are typical milestones you will manage while seeking emergency or expedited relief.

Expedited hearing request:

Varies by court; may be same day to several weeks.

Service deadline:

Follow local rule; many courts require prompt service before hearing.

Opposition timeline:

Opposing party often has short window—commonly 7–14 days.

Judge's ruling:

Ruling may be issued at hearing or by later written order.

Emergency relief duration:

Temporary orders typically last until a full hearing is held.

Key processing stages from filing to decision

A sequential view of major milestones helps track deadlines and required actions during an emergency filing.

01

Document Preparation

Draft Order and affidavit with exhibits and proposed findings.

02

Notarization & Authentication

Execute jurat and confirm signer identity per applicable rules.

03

Filing & Service

File with the court and properly serve opposing parties.

04

Hearing & Decision

Appear at hearing; court issues interim or final ruling.

Common preparation mistakes to avoid

  • Incomplete affidavits lacking specific dates and exhibit references.
  • Mismatched names between affidavit and court pleadings causing identification issues.
  • Failure to follow local service or e-filing procedures exactly.
  • Using argumentative language instead of sworn factual statements.

Consequences of incorrect or false filings

Dismissal Risk: Court may deny relief for procedural defects
Sanctions: Monetary penalties under court rules possible
Perjury Exposure: False sworn statements can trigger criminal charges
Contempt: Noncompliance with orders risks contempt sanctions
Service Failure: Improper service can void hearing or order
Record Rejection: E-file format errors may cause rejection

How an Order to Show Cause with affidavit differs from a standard motion

This comparison highlights operational and timing differences to help choose the correct procedural vehicle.

Criteria Order to Show Cause Standard Motion
Use case expedited relief routine or non-urgent relief
Hearing timing often accelerated standard briefing schedule
Affidavit requirement usually required sometimes optional
Judge's immediate action possible at hearing less likely

eSignature vendor comparison for filing and notarization workflows

Comparing baseline pricing and core features helps assess options for executing affidavits and notary-backed filings electronically. signNow is listed first per vendor convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (Premium) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies

Practical tips for accurate and efficient completion

Follow these best practices to reduce rejection risk and strengthen the affidavit's evidentiary value.

Number exhibits consistently
Attach exhibits as consecutively numbered PDFs and reference exhibit numbers clearly in the affidavit to help the judge and clerk locate supporting materials quickly.
Use plain factual statements
In the affidavit, state facts plainly and chronologically; reserve argument and legal citations for the supporting memorandum rather than the factual sworn statement.
Confirm local formatting
Observe local requirements for margins, font size, and page limits; nonconforming filings may be refused by clerks or require refiling.
Preserve the audit trail
When using e-signatures or RON, retain the platform's audit record, AV recordings, and exported signed PDF/A to prove execution and chain of custody.

Real-world examples of e-signed affidavits in practice

These customer examples show how digital workflows supported legal and operational needs during filing and signing.

Optica Ventures — COO

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Rapid signature collection reduced turnaround on urgent filings.
  • Optica used the platform to execute sworn affidavits and expedite court filing processes while maintaining an auditable history of signer actions, which streamlined internal review and reduced filing delays.

Fertility Centers — Founder

The platform team has been exceptional, responsive, the API has been great.

  • Integration helped automate document routing.
  • The organization deployed online notarization and templated affidavits to capture timely sworn statements, ensuring compliance with privacy rules and shortening administrative lead times.

Frequently asked questions and troubleshooting

Answers to common questions about notarization, electronic execution, service, and evidentiary concerns when preparing an Order to Show Cause and affidavit.


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