You don’t need a ground like infidelity or desertion to file for divorce in Wisconsin. This is a no-fault state, and it is enough to state that there are irreconcilable differences with your spouse. Unfortunately, divorces get complex for many reasons. Separating spouses often don’t agree on the division of assets, alimony, and child custody, and because the legalese is hard to understand, they end up dragging the process. If you are contemplating divorce or want to consider legal separation, you should speak to a Wisconsin family law attorney to understand the various aspects pertaining to the case. In this post, we have answered some common questions related to divorces.
How to start divorce proceedings in Wisconsin?
Either spouse can file a Summons and Petition for Divorce. As the next step, these papers are served to the other spouse within 90 days. This can be done in many ways, such as a process server. The other spouse is required to file a “Response and Counterclaim” within 20 days of getting the divorce papers. If they fail to do so, the court can grant a default judgment.
What if one spouse doesn’t want the divorce?
The ground for divorce in Wisconsin is an irretrievable breakdown of the marriage. In other words, two people should be willing to continue with the marriage, and even if one spouse wants the divorce, the court will grant the same. It doesn’t matter whether the other spouse wants the divorce or not.
How long does it take to get divorced?
There is a waiting period of 120 days, which is the least time required to finalize a divorce in Wisconsin. Typically, divorces take longer because couples have a bunch of things to worry about. Uncontested divorces can be finalized within months, but contested divorces can take much longer.
How do I get support during the divorce?
If you need financial support during the process and before the divorce is finalized, you can ask for temporary orders. A temporary order may allow you to continue to live in the house you share with your spouse or use property and bank accounts. Talk to an attorney if you need such an order for child custody or support. The court will schedule a date for the temporary hearing, typically within four to six weeks. No matter the situation, don’t let the circumstances bog you down. Get an attorney specializing in family law on your side.