Divorce Guide

Divorce Guide

Wisconsin divorce court

Wisconsin divorce court let the party’s end their marriage without claiming fault on either spouse. It is an authorized legal body that had the jurisdiction of hearing and deciding the process relating to divorce. This court is under the branch of family law and considers the issues related to family matters. The court also follows the Wisconsin divorce law whenever residents of the state seek for divorce. In Wisconsin, divorce action are held in the circuit court.

There are certain residential requirements which the parties must follow before filing for divorce. Both the parties should follow the terms of divorce before filing. At least one of the spouses must live in the Wisconsin state for six months before filing the petition. One of the spouses must live in the county for 30 days where divorce is to be filed.

The complaint of divorce must declare the Wisconsin grounds upon which divorce is filed. These grounds can be on fault or no fault basis. In no-fault divorce both the parties must be living separately for at least 12 months or must be irretrievable breakdown of marriage. The no fault basis include adultery, cruelty, desertion, imprisonment or mental health problem.

Wisconsin divorce court deals with the issues related to family law like child custody, alimony, property division, and child support and debt payment. The court keeps these issues on trial basis.

  • Alimony: In Wisconsin, the court awards the spousal support to either spouse. In determining the amount of maintenance, the judge will consider: The length of marriage, how property was divided and each spouses education level
  • Child support: under this law, each parent has to provide financial support for their minor children. It considers the factors related to child support payments including the cost of day care, health insurance and cost of educational needs of the child.
  • Child custody: In this issue, the court will determine who gains the custody of the children. It considers issues like the wishes of parents, educational needs of the child, the Childs relationship with siblings and mental and physical health of the child.
  • Property and debt division: In Wisconsin all debts and property are distributes among the spouses as per the court finds it fair. Either the couple should reach an agreement on the property division or court will divide it. The Wisconsin laws provide for an equitable distribution of all assets during the marriage.

Process for filing divorce in Wisconsin divorce court:

  • Appoint a lawyer who can assist and guide you well in your case. He can suggest you with the proper legal advice.
  • Make sure you fulfill all the residential requirements and grounds for divorce. Once you fulfill all the rules, file the petition form and summons. These forms must be filed with the county’s clerk where you are filing the petition.
  • Schedule the first hearing. Both the spouses along with their lawyers must be present at the time of hearing
  • Agree on the divorce terms and try to settle down the issues before the completion of divorce. Once the agreement is reached by the parties, the divorce can be finalized.

Court can approve the divorce officially buy signing the decree.

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