Divorce Guide

Divorce Guide

Getting divorce in Wisconsin

Divorce is always a painful process for the couples. Getting a divorce in Wisconsin has its special rules and regulations regarding divorce process. Here is some information provided that you generally need to know for getting a divorce in Wisconsin.

  • In Wisconsin there is only one ground for divorce that is ‘Irretrievable breakdown’. This reason is sufficient to apply for the divorce.
  • You must have a resident of Wisconsin at least for the six month before you filing for the divorce petition.
  • To start the actual process of getting divorce, file a summons and petition with the court clerk. If both the partners are ready to get divorce they can file joint petition of divorce. This will help to save money and time of the court as well as you both.
  • Court starts temporary hearing procedure to conclude the grounds during the divorce process. In order to get the order of temporary hearing, you must file a motion for temporary order.
  • If both the partners agree on all the issues such as child custody, child support, marital property division, debt allocation etc., then they can submit a settlement agreement to the county court. But if in case some of the issues remain unsolved, the judge will take part in resolving them by taking some extra trials.
  • For getting a divorce it is strongly suggested that you should attend co-parent counseling with your spouse. This is not the same as marriage counseling, and is not designed to save the marriage or get you back together.
  • Co parent counseling can help to know what is happening with the child, and how to handle issues relating to the child. This helps for bonding and built respect for both the spouses in the child's mind and allows you both to work together as co-parents for the welfare your children. You will have to do it until all of your children become 18 years old.
  • After filing a divorce in court, there is nearly 120 days of waiting period for the final hearing. This waiting time extends when some of the issues are unresolved during settlement.
  • Wisconsin is a community distribution state but in reality woman always get preference than men especially when young child is involved in divorce process.
  • The court determines amount of child support to be paid by both the parents. This depends on number of children involved. According to court orders you are not allowed to stop the paying of child support. If you fail to pay the support for 60 days you may be punished by the court.
  • There is one important thing to know that Wisconsin allows for attorney-filed divorce as well as ‘pro se’ divorce cases where you file on your own behalf without getting an attorney. If you and your spouse are unable to agree on any issue, it is better to get a lawyer.

All these guidelines will defiantly help you to get divorce in Wisconsin.

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