Navigating the complex world of divorce can be emotionally challenging and confusing, but understanding your state's legal process can help alleviate some of the stress. "How do I get a divorce in Wisconsin?" is a question many couples may ask themselves. In Wisconsin, the divorce process is designed to be straightforward and accessible, making it easier for couples to part ways amicably. This guide will provide you with a step-by-step outline of the divorce process in Wisconsin, so you can be prepared and informed as you embark on this challenging journey.
Throughout this guide, we will discuss the various aspects of divorce in Wisconsin, such as grounds for divorce, types of divorce, child custody, child support, and property division. As you navigate these topics, you'll gain a clearer understanding of the legal process and what to expect as you work towards finalizing your divorce, answering the question, "How do I get a divorce in Wisconsin?"
Understanding Wisconsin Divorce Laws
Wisconsin is known as a "no-fault" divorce state, which means that neither spouse needs to prove any wrongdoing on the part of the other to obtain a divorce. It only takes one spouse to testify under oath that the marriage is irretrievably broken, and the court will proceed with the divorce process. This approach simplifies the legal process and reduces potential conflict between you and your spouse.
Before filing for divorce in Wisconsin, it's essential to understand the residency requirements and the types of divorce available in the state. You or your spouse must have been a resident of Wisconsin for at least six months before filing.
There are two types of divorce: contested and uncontested. A contested divorce occurs when the parties cannot agree on all the issues. In contrast, an uncontested divorce occurs when both parties agree on all matters related to the divorce.
Grounds for Divorce in Wisconsin
In Wisconsin, the only accepted grounds for divorce or legal separation is the declaration that the marriage is irretrievably broken. This no-fault approach means that neither spouse needs to prove any wrongdoing on the part of the other, making the process less contentious and more streamlined.
The procedure for filing for divorce in Wisconsin is outlined in this guide, with both parties required to follow the necessary steps to ensure a smooth divorce process. The waiting period for divorce in Wisconsin is 120 days after filing the divorce petition. This waiting period is in place to allow couples ample time to consider reconciliation or address any outstanding issues before finalizing the divorce.
Residency Requirements
To file for divorce in Wisconsin, you or your spouse must have been a state resident for at least six months before filing. This residency requirement ensures that the courts have jurisdiction over the case and can make decisions regarding child custody, child support, alimony, and property division.
Types of Divorce in Wisconsin
In Wisconsin, there are two types of divorce: contested and uncontested. A contested divorce occurs when the parties cannot agree on all the issues related to the divorce, such as child custody, child support, alimony, and property division. In this scenario, the court will make the final decisions on these matters after considering the arguments presented by both parties.
On the other hand, an uncontested divorce occurs when both parties agree on all matters outlined in the petition, and both parties sign the associated paperwork. This type of divorce is typically quicker and less expensive, as it does not require the court to decide on any contested issues.
Contested Divorce
A contested divorce is when one spouse objects to any of the provisions outlined in the divorce papers and subsequently files paperwork to present their case. This type of divorce can be more time-consuming and costly, as the court must consider and decide on the disputed issues.
Filing a contested divorce in Wisconsin requires submitting a complaint to the Wisconsin court system, providing the complaint to the other spouse, and appearing in court for a hearing. The court will then decide on the contested issues, including child custody, child support, alimony, and property division.
Uncontested Divorce
An uncontested divorce in Wisconsin is when both parties agree with all matters outlined in the petition and sign the associated paperwork. This type of divorce is typically faster and less expensive than a contested divorce, as it does not involve the court making decisions on disputed issues.
Suppose the requisite time elapses without the spouse signing the papers or filing any documents. In that case, the divorce may progress as an uncontested divorce. In some cases, couples may choose to engage in divorce mediation. This process assists them in overcoming challenges and formulating agreements, ultimately leading to an uncontested divorce.
Filing for Divorce: The Essential Steps
Once you have determined the type of divorce you will pursue and have met the residency requirements, it's time to begin filing for divorce in Wisconsin. Filing for divorce in Wisconsin involves preparing and filing the necessary divorce forms, serving your spouse with the divorce papers, and making financial disclosures.
Remember that the court must have the necessary jurisdictional authority to issue orders on matters such as child custody, child support, or alimony. Therefore, meeting the residency requirements and filing the divorce petition are essential steps in the divorce process.
Preparing and Filing Divorce Forms
To initiate the divorce process in Wisconsin, you must obtain and complete the required divorce forms, including the vital statistics form. These forms can be found on the Wisconsin court system's website. The necessary form for initiating the process is the divorce petition, which must be signed and notarized.
Suppose you and your spouse have reached a written settlement agreement regarding any or all of the issues related to the divorce. In that case, this agreement should be included with the joint divorce petition. Suppose disputes are anticipated regarding children, spousal support, or maintenance. In that case, you may request temporary orders to address these issues during the divorce process.
Serving Your Spouse
Once you've filed the divorce petition, you must serve the divorce papers to your spouse within 90 days. If your spouse agrees to accept the documents, they can sign an "admission of service." Otherwise, the papers can be served by a sheriff's deputy, a private process server, or any adult not involved in the divorce case.
If your spouse does not respond to the divorce papers within the required time, you may proceed with a default divorce, where the judge may grant all requests made in the divorce petition.
Financial Disclosures
During the divorce process, you and your spouse must submit financial disclosure statements encompassing all marital and separate assets, liabilities, and income statements. These forms should be submitted along with the initial divorce documents and the required filing fee or within 90 days of filing a joint divorce petition.
Failing to disclose all accounts, debts, or assets in the financial disclosure form could result in penalties for perjury.
Navigating Child Custody and Support Issues
Child custody and support are often some of the most challenging aspects of the divorce process. In Wisconsin, the court will consider the child's best interests, the parents' wishes, the child's relationship with each parent, and other pertinent factors when determining child custody and support arrangements.
A petition must be filed with the court and served to the other parent to file for custody or support in Wisconsin. Understanding the factors the court considers and the process for filing for custody or support can help you navigate these complex issues and ensure the best possible outcome for your children.
Child Custody
In Wisconsin, there are two types of legal custody: joint legal custody and sole legal custody. Joint legal custody grants both parents equal rights to make major decisions on behalf of their children, while sole legal custody grants one parent the right to make legal decisions for the child. The standard for child custody in Wisconsin is typically 50/50 joint custody. Still, placement may vary based on factors such as the child's age, the child's relationship with each parent, and the parent's ability to cooperate.
When determining child custody placement, the court will consider factors such as the child's age, the child's relationship with each parent, the parent's ability to cooperate and communicate, the parent's work schedules, and the child's preference. Understanding these factors can help you prepare for the custody determination process and advocate for your child's best interests.
Child Support
The court calculates child support based on the incomes of both parents and the number of children involved. Additional factors, such as medical expenses or daycare costs for the child's unique needs, are also considered. The purpose of child support is to ensure that the child's financial needs are met and that both parents contribute to the child's upbringing.
It's essential to be aware of the child support regulations in Wisconsin and to ensure that you are prepared to meet your financial obligations as a parent. By understanding how child support is calculated and the factors considered, you can ensure that your child's needs are adequately addressed and that you are fulfilling your legal responsibilities.
Alimony and Property Division
In addition to child custody and support, alimony and property division are also essential aspects of the divorce process in Wisconsin. Alimony is financial support from one spouse to the other following a divorce. It is also referred to as spousal maintenance.
On the other hand, property division involves the equitable distribution of marital assets and debts. Understanding the laws regarding alimony and property division in Wisconsin can help you negotiate a fair settlement and protect your financial interests during divorce.
Alimony/Maintenance
In Wisconsin, alimony is referred to as spousal maintenance. The duration of spousal maintenance depends on the length of the marriage, and the court has considerable discretion in setting a maintenance order. For instance, for a marriage that lasted less than ten years, an alimony order is less likely. However, for marriages that spanned over 20 years, the court may issue a maintenance order that lasts indefinitely.
Knowing the factors influencing alimony decisions in Wisconsin can help you better understand your financial obligations and rights during divorce and ensure you are prepared for the potential outcomes.
Property Division
In Wisconsin, property division laws follow the equitable distribution approach, meaning that the court will divide the marital property fairly and equitably after considering factors such as the length of the marriage, the age and health of the parties, the contribution of each party to the acquisition of the marital property, and the economic circumstances of each party.
Understanding these factors can help you prepare for the property division process and protect your financial interests during the divorce.
Finalizing Your Divorce
The final step in the divorce process is concluding the mandatory waiting period and the final court hearing. At the final hearing, the court will review the divorce documentation and render a final judgment, including any matters related to child custody, child support, alimony, and property division.
Following the steps outlined in this guide can ensure a smoother and more efficient divorce process, allowing you to move forward and begin the next chapter of your life.
Waiting Period
In Wisconsin, there is a mandatory waiting period of 120 days after filing the divorce petition before the final hearing can take place. This waiting period is in place to provide couples with ample time to consider reconciliation or address any outstanding issues before finalizing the divorce.
Final Court Hearing
At the final court hearing, the judge will review the divorce documentation and render a final judgment, including any matters related to child custody, child support, alimony, and property division, following established court procedures.
It is essential to have all the required documents prepared and ready for the final hearing to ensure a smooth and efficient conclusion to the divorce process.
Summary
Navigating the divorce process in Wisconsin can be a complex and emotional journey. Still, you can be better prepared for each step with a clear understanding of the legal requirements and procedures. From understanding the grounds for divorce and the types of divorce available to addressing child custody, child support, alimony, and property division, this guide has provided you with a comprehensive overview of the divorce process in Wisconsin.
As you move forward with your divorce, remember that knowledge is power. By being informed and prepared, you can face each step of the process with confidence and work towards a resolution that is in the best interests of you and your family.
Frequently Asked Questions
What is the first step in getting a divorce in Wisconsin?
If you seek a divorce in Wisconsin, the first step is to file the Action for Divorce or Legal Separation with the Circuit Court Clerk. Be sure also to complete the necessary paperwork and pay the filing fee.
Submitting the paperwork and paying the filing fee starts the process of ending your marriage, and it is essential to remember that there is a mandatory 120-day waiting period before the court can finalize the divorce.
How long does it take to get a divorce in Wisconsin?
On average, a Wisconsin divorce can take six months to one year. After filing for divorce and all the required paperwork is served, there is a mandatory 120-day waiting period before the final hearing.
Further delays may occur due to disagreement or scheduling issues, resulting in a longer wait time of up to one year or more to finalize the divorce. To learn more about how long a divorce could take, please read here.
How much does it cost to file for divorce in WI?
The average cost of filing for divorce in Wisconsin is approximately $200, though fees can vary by county. The Milwaukee County divorce filing fee ranges from $188 to $198, depending on the type of action.
In addition to the filing fee, individuals must cover attorney and court fees associated with the divorce process. To learn more about how much it costs to get a divorce in Wisconsin, please read here.
Does Wisconsin require separation before divorce?
Yes, Wisconsin does require a 120-day waiting period before filing for divorce. Couples do not have to be legally separated to file. Still, the waiting period begins when papers are served or filed jointly.
What is the residency requirement for filing for divorce in Wisconsin?
To file for divorce in Wisconsin, you must have been a resident for at least six months before the filing date.
Learn more about recent updates to Wisconsin Divorce Laws here!
If you are looking for a Wisconsin divorce attorney to assist you in this matter, please click here to find a Wisconsin divorce lawyer near you.
If you’re in the Madison, WI area, and are looking for an experienced Madison divorce attorney near you, please feel free to reach out to O’Flaherty Law of Madison at:
6527 Normandy Lane #201A
Madison, WI 53719
(608) – 581-9876
https://www.oflaherty-law.com/location/madison-wisconsin-attorneys
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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