Making the decision to get a divorce is never a simple one, and it can become even more complex if one of the spouses is incarcerated. In the state of Wisconsin, however, getting a divorce while your spouse is in prison is still possible. Nevertheless, there are additional steps that you need to take. Let’s explore what you need to know about this specific situation.
- Filing for Divorce in Wisconsin: A Complex Process
- The Challenge of Serving Your Incarcerated Spouse
- Response from Your Incarcerated Spouse: Navigating the Waiting Period
- Complex Issues: Property Division and Child Custody
- Finalizing the Divorce: Overcoming Hurdles
- Conclusion: Empowering Yourself with Legal Assistance
Filing for Divorce in Wisconsin: A Complex Process
Initiating the divorce process in Wisconsin requires you to file the appropriate paperwork with the court. Typically, this involves completing the Summons and Petition for Divorce form and submitting it to the county clerk’s office. It is important to note that a filing fee is also required.
The Challenge of Serving Your Incarcerated Spouse
Once you have filed for divorce, serving your spouse with a copy of the paperwork becomes necessary. However, this task can be rather challenging when your spouse is confined in prison. Nonetheless, there are viable options available to you. To begin, it is imperative to contact the prison authorities and inquire about their procedures for serving legal documents. In some instances, hiring a professional process server or seeking assistance from prison staff might be necessary.
Response from Your Incarcerated Spouse: Navigating the Waiting Period
Once your spouse has been properly served, they will be given a specific amount of time to respond to the divorce petition. In Wisconsin, the standard waiting period is 120 days. Should your spouse fail to respond within this timeframe, it is possible for you to request a default judgment.
Complex Issues: Property Division and Child Custody
Dividing marital property and determining child custody arrangements present significant challenges in a divorce where one spouse is incarcerated. According to Wisconsin law, marital property must be divided fairly, which does not inherently mean equally. Custody decisions hinge on the best interests of the child, which may necessitate input from prison staff and other professionals.
Finalizing the Divorce: Overcoming Hurdles
Once all the necessary paperwork has been filed and property and custody matters have been resolved, finalizing the divorce is the next step. Usually, this entails appearing before a judge and signing the final divorce decree. In cases where your spouse is still incarcerated, they might need to participate via video conference. Finalizing the divorce allows you to move forward, embark on a new chapter, and begin the healing process.
Conclusion: Empowering Yourself with Legal Assistance
Undoubtedly, getting a divorce is an intricate process, especially when your spouse is in prison. Nevertheless, armed with the right legal guidance and a firm understanding of the associated procedures, you can navigate through this challenge and embrace the future. Do not hesitate to reach out to an experienced family law attorney who can provide you with the necessary support and expertise, ultimately helping you achieve a fair and just resolution.