Superior Court

How to get Temporary Orders within a Dissolution or Legal Separation.

If you or your spouse have started a Dissolution or Legal Separation case and the case has not been finalized, then you can request temporary orders which will remain in place until final Dissolution or Legal Separation orders are entered unless the court changes the orders during the case.  Usually someone asks for temporary orders because they cannot wait until the case is finalized and they need something ordered sooner. 

1.  Obtain the necessary forms listed in this outline. The Skagit County Superior Court Clerk sells forms or you may also download standard forms for free at the state courts web site:  www.courts.wa.gov/forms .  Skagit County Local Court Rules and some local forms are available for purchase at the courthouse or can be downloaded here.
   
   
2. If you need assistance with understanding forms or procedures, the Family Law Facilitator can review forms you have prepared yourself, answer questions, or help you with procedures.  The Family Law Facilitator cannot give legal advice.  The Family Law Facilitator does not represent you and may also assist your spouse.  There is a $20 fee per 30 minute appointment. To see a Family Law Facilitator you must make an appointment by calling (360)336- 9440 or (360)416-1200.
   
   
3. Fill out and make two copies of the following documents:

Motion/Declaration for Temporary Orders (WPF DR 04.0100).

In Section I of the Motion you must mark the boxes which correspond to what you are asking for and you must sign and date on the appropriate lines.  In Section II you must explain (in detail) why you are asking the court to enter Temporary Orders.  In this section include facts, events and reasons for your motion.  If you need more space you can attach additional pages.   You must also fill in the signature part of that section. 

Note for Calendar (local form)

Mark the box that says “NOTE FOR CALENDAR”.  Mark the box that says “DOMESTIC”.  On the line that says “Date and time of hearing” pick a Monday date that is at least two Mondays away and enter the time as “10:00am”.  Local Court Rules require that the other party receive 9 court days notice of the hearing (not including weekends and holidays).  On the line that says “Nature of hearing” write in “Motion for Temporary Orders and include in general what motions you are requesting; i.e Child Support, Parenting Plan, Restraining Orders, etc.   At the bottom you must put in your name, address and phone number under the section that says “PERSON NOTING THIS MATTER”.  Also put the other parties’ name and address on the section that says “NOTICE TO OTHER PARTIES (REQUIRED).”  Use the address that the other party provided in their original Response or Summons.  Sign and date the “Certification of Mailing”. 

In addition, you may need other forms depending on what you are asking for.  For example:

If you are asking for a Temporary Parenting Plan, then you will need to file a Proposed Parenting Plan (WPF DR 01.0400).  You may also need to file supporting Declarations (WPF DRPSCU 01.0100) and other appropriate evidence especially if you are asking to restrict the other party’s time with the child(ren).

If you are asking for the court to appoint a Guardian ad Litem, then you will need to file supporting Declarations (WPF DRPSCU 01.0100) and other appropriate evidence explaining why a Guardian Ad Litem is necessary, especially if you are asking to restrict the other party’s time with the child(ren).  Because the Court will  need to determine who will pay for the Guardian ad Litem, you will also need to file a Sealed Financial Source Document Cover Sheet (WPF DRPSCU 09.0220) with attached proof of income (two years of tax returns with W-2 Statements and 6 months of paystubs or one paystub with year to date information); and a Financial Declaration (WPF DRPSCU 01.1550).

If you are asking for Temporary Child Support, then you will need to file a Sealed Financial Source Document Cover Sheet (WPF DRPSCU 09.0220) with attached proof of income (two years of tax returns with W-2 Statements and 6 months of paystub, or one with year to date information); a Financial Declaration (WPF DRPSCU 01.1550); and Proposed Child Support Worksheets (WSCSS Worksheets).  If you want to calculate the child support yourself you can try using the following web site: www.dshs.wa.gov/dcs 

If you are asking for Temporary Maintenance, then you will need to file a Sealed Financial Source Document Cover Sheet (WPF DRPSCU 09.0220) with attached proof of income (two years of tax returns with W-2 statements and 6 months of paystubs or one with year to date information); and a Financial Declaration (WPF DRPSCU 01.1550).

If you are asking for Restraining Orders, then you will need to file supporting Declarations (WPF DRPSCU 01.0100) from you or people who have personal knowledge of the situation, and/or other evidence (such as police reports, CPS information or criminal history information) that support your request. 

1. File your original documents (not the copies) at the Clerk’s office.  Since you are bringing the Motion for Temporary Orders within a Dissolution or Legal Separation, there is no additional filing fee.  “Conform” your copies by using the time/date stamp machine.
   
   
2. Provide copies to your spouse using one of the following procedures:
   
   
   • If your spouse has not filed a Summons, Response or Notice of Appearance, then you must have your spouse personally served by someone over the age of 18 other than a party to the case with the copies and the server must fill out and file a Return of Service (WPF DRPSCU 001.0250).   
     
     
   • If your spouse has filed a Summons, Response or Notice of Appearance, then you are allowed to mail a copy to the address listed in that document.

Your spouse must receive the documents at least 9 court days before the hearing.  If your spouse files any documents in response to your Motion for Temporary Orders, they are required to provide those documents to you no later than 4 court days before the hearing.  You have up to two days before the hearing to file and serve any additional documents that you want the court to consider. 

1. Go to the hearing and be prepared to speak to the Judge about what you want and why.  Bring to the hearing the appropriate Orders for Court including a Temporary Order (WPF DR 04.0100) and any other Orders specific to what you are asking for.  For example:

 

If you are asking for a Temporary Parenting Plan, then you will need to bring a Temporary Parenting Plan (WPF DR 01.0400). 

If you are asking for the Court to appoint a Guardian Ad Litem, then you will need to bring an Order Appointing Guardian Ad Litem on Behalf of Minor (WPF DR 04.0200).

If you are asking for Temporary Child Support, then you will need to bring a Temporary Order of Child Support (WPF DR 01.0500) and Child Support Worksheets (WSCSS Worksheets).

If you are asking for Temporary Maintenance then you will need a Temporary Order (WPF DR 04.0100).

Helpful Phone Numbers:
Skagit County Superior Court Clerk’s Office (360) 416-1800
Volunteer Lawyer Program of Skagit County (360) 416-7585
CLEAR line for a referral to the VLP (888) 201-1014
“Children in the Middle” Required Parenting Seminar (360) 856-3054
State Prosecuting Attorney – Family Support Division (360) 416-1161

Helpful Websites
www.courts.wa.gov/forms  to download standard family law forms
www.washingtonlawhelp.org  for general information on a variety of legal topics
www.dshs.wa.gov/dcs  Washington Division of Child Support (forms and information)

This list of instructions is not a substitute for legal advice.  Before starting any legal action, it is always wise to consult an attorney regarding your rights and responsibilities. Many attorneys offer consultations.   Your specific situation may require additional forms and procedures which may not be listed on this outline.  The Family Law Facilitator and the Clerks Office cannot give legal advice.  Only an attorney can give legal advice.