Getting a divorce is not just emotionally stressful, it can also be complicated and overwhelming. It’s essential to get it right, especially in Wisconsin, where divorce laws necessitate a precise and thorough process. This article will walk you through the step-by-step guide on how to file for divorce in Wisconsin.
Talk to A Wisconsin Attorney
Before filing for divorce, it is crucial to speak with an experienced Wisconsin attorney. They can offer important information about the court system, discuss your legal options, and provide guidance in the divorce process. An attorney can help ensure that you follow the proper procedure and avoid common legal mistakes.
Determine Eligibility for Divorce in Wisconsin
To file for divorce in Wisconsin, you must meet the eligibility criteria. Wisconsin requires one of the parties to be a resident of the state for at least six months before filing a petition for divorce. If you’re eligible, the next step is to understand the grounds for divorce in Wisconsin.
To obtain a divorce in Wisconsin, you must give a reason or a ‘ground’ for the divorce. Wisconsin allows for two grounds for divorce: Irretrievable breakdown of marriage and incurable insanity. The most common ground is irretrievable breakdown, which means that the marriage is irreversibly marred and can’t be fixed or repaired. Keep in mind that Wisconsin is a "no-fault" divorce state, meaning neither party has to establish fault or wrongdoing to prove grounds for divorce.
Filing the Petition
The first document that needs to be filed to initiate a divorce is a divorce petition. The spouse who intends to commence the divorce proceedings is the ‘Petitioner,’ and the other spouse is the ‘Respondent.’ The divorce petition should include details such as the names of you and your spouse, the date and location of the marriage, grounds for divorce, and other supporting information.
Once drafted and completed, the petition must be filed with the court clerk in the county where either spouse resides. You’ll have to pay a filing fee that varies depending on the county.
Serving and Responding to the Petition
After filing the petition, the next step is to serve the other party with a copy of the petition and summons. The summons notifies the recipient that they have 20 days to respond to the petition. The service of the petition can be done either through personal service by a process server or by certified mail.
When the respondent receives the divorce petition, they have two options: Consent to divorce by signing and submitting a stipulation or contesting the divorce by filing a response. If the respondent agrees to the terms listed in the petition, they can sign a stipulation. If the respondent files a response, the case becomes a contested divorce.
Disclosure and Discovery
After serving the petition, both parties are required to provide a detailed financial disclosure to each other. Full disclosure of assets, income, and expenses is necessary to ensure a fair and equitable division of property and debts. Wisconsin courts have vital financial forms, such as the Marital Property Disclosure Statement and Financial Disclosure Statement.
Discovery is the legal procedure used to obtain additional financial information beyond the initial financial disclosure. This process can take many forms, including interrogatories, requests for admission, and depositions.
Mediation and Negotiation
Divorce cases often require mediation or negotiation. Mediation is the process of hiring a neutral third party to help the parties come to an agreement on their own. Negotiation happens between the parties and their attorneys to reach a settlement agreement. Both mediation and negotiation aim to settle disputed issues such as child custody, child support, alimony and property division.
Final Hearing and Judgment
If the parties come to an agreement, then the last step is to finalize the divorce by submitting the agreement to the court and requesting a final hearing. The judge will consider the terms of the agreement and render a judgment of divorce.
If there’s no agreement on all issues, the case will go through a trial, where the judge will make the final decision on all aspects of the divorce. The divorce decree will include the terms of the judgment, which may include child custody, child support, alimony, and property division.
Conclusion
Filing for divorce in Wisconsin can be a daunting process, but by following these steps, you can ensure that the process is efficient, proper and minimizes errors. Moreover, seeking the services of an experienced divorce attorney is paramount to ensure that you have the guidance you need through a crucial and difficult time.