Divorce Guide

Divorce Guide

Getting Wisconsin Divorce

Divorce is not a very happy situation in everyoneís life. For some, itís a casual thing and for some, itís a serious thing to deal with. Getting Wisconsin divorce requires the couple to abide by all the rules and regulations set by the state law. The points which state the terms and conditions of a Wisconsin divorce are listed below. These points will help one to understand the laws and regulations about filing a divorce in the state of Wisconsin.

Residency Requirements for Wisconsin Divorce

One of the spouses must be a resident of Wisconsin for 6 months and the county where the divorce is filed for 30 days, before filing. No hearing on divorce will be scheduled till a period of 120 days after the defendant is served the summons or after the filing of a joint petition.

Grounds for Divorce

The ground for a no fault divorce in Wisconsin is irretrievable breakdown of the marriage. It can be shown by:

  1. Joint petition by both the spouses requesting a divorce on these grounds
  2. The couple living separately for 12 months before filing
  3. If there is no chance of reconciliation between the couple after the breakdown.

Steps in Divorce

In Wisconsin, the steps for divorce begin when one of the divorcing partners files the following documents with a court clerk:

  • Petition for dissolution of marriage: The petition contains all the fundamental information regarding the divorcing partners and their children, asset information and a request for relief.
  • Summons: Itís an indication of a divorce being filed.

The partner who files this petition is known as the petitioner. The other partner is the respondent. The petitioner has one advantage regarding selection of the county where he/she wants to file the divorce. In a pro se divorce, both the partners are required to sign and file a joint petition of divorce.

A final hearing can take place only when 120 days from the date of filing of the documents are over. The total duration of the case is decided, depending upon the complexity of the case. After the finalization of the divorce, minimum 6 months should pass by for the divorced partners to remarry.

Divorce Steps regarding Temporary Hearings

While getting Wisconsin divorce, any of the divorcing partners has the right to schedule a temporary hearing to find a solution to urgent issues on a temporary basis. Some of the topics that are discussed during a temporary hearing are as follows:

  • Payment of debt
  • Spousal maintenance
  • Child support
  • Physical placement
  • Custody

Property Distribution

While getting Wisconsin divorce, a property in an uncontested divorce is divided in such a way that both the parties agree to the division. The main concern is the agreement of the spouses to this division, so that it doesnít create a fight between them. This could result in any one of the spouses approaching the lawyer and making the case into a contested divorce.

In an uncontested divorce, alimony is awarded to either spouse for support and maintenance depending upon the agreement. Both the parties should agree to it. Alimony is usually for a shorter period of time and is smaller in amount as compared to the past.

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