Obtaining a divorce in Wisconsin is a fairly straightforward process if both you and your spouse are residents of the state. However, if you are currently living overseas and wish to file for divorce in Wisconsin, the procedures can become more complex. This article will provide guidance on the necessary steps you need to take in order to secure a Wisconsin divorce while residing abroad.
Jurisdiction Concerns
The initial aspect you must address is the issue of jurisdiction. To establish jurisdiction of a Wisconsin court over your divorce, you must prove that Wisconsin is your "home state" or that you have substantial connections with the state. Ordinarily, Wisconsin is deemed your home state if either you or your spouse have been living in the state for at least six months prior to filing for divorce.
It may be challenging to establish Wisconsin as your home state if you or your spouse currently reside overseas. In such cases, alternative options to establish jurisdiction would need to be explored. For instance, establishing jurisdiction might be feasible if you or your spouse still retain property in Wisconsin or maintain significant ties to the state.
Initiating the Divorce Process
Once jurisdiction has been established, the subsequent step is to file for divorce. In Wisconsin, divorce cases are filed in the circuit court of the county where either you or your spouse currently resides. If both parties are residing overseas, it may be necessary to designate a "resident agent" who can accept legal documents on your behalf in Wisconsin.
You will need to submit a divorce petition to the court, which entails providing details about your marriage, living arrangements, and financial circumstances. Serving the petition to your overseas spouse could be slightly more complex. Depending on your circumstances, service by mail or through a private process server might be feasible.
Engaging in Settlement Negotiations
After serving your spouse with the petition, they will have an opportunity to respond to the divorce filing. At this stage, it is crucial to commence settlement negotiations with your spouse. If you and your spouse can mutually agree on all terms of the divorce, you can submit a settlement agreement to the court for approval.
The process of negotiating a settlement can be more intricate when one or both parties are residing overseas, as communication options may be limited. Engaging an attorney with experience in handling international divorces could prove beneficial in facilitating these negotiations.
Finalizing the Divorce
Assuming a settlement is reached, the final step involves obtaining court approval to finalize the divorce. Attending a court hearing presents a challenge when residing overseas. If attending in person is not feasible, it might be possible to participate in the hearing via telephone or video conference.
Upon court approval of the settlement agreement, your divorce will be officially finalized. At this point, you will be legally divorced and free to move forward with your life.
Conclusion
Although navigating a Wisconsin divorce while residing overseas can present challenges, it is certainly achievable with the assistance of a knowledgeable attorney. By following the steps outlined in this article, you can ensure that your divorce is handled properly, and your rights are safeguarded throughout the entire process.