Introduction
Navigating the divorce process can be overwhelming due to its complexity. It is crucial to have a firm grasp of how it works in Wisconsin. The divorces in Wisconsin follow specific rules and regulations that must be adhered to. This comprehensive guide aims to outline the divorce process in Wisconsin, including the steps involved in filing for divorce, obtaining the divorce, and understanding what happens after the divorce is finalized.
Filing for Divorce in Wisconsin
In the state of Wisconsin, either spouse has the right to file for divorce by submitting a summons and petition for divorce at the Circuit Court in the county they reside in. The steps for filing a divorce are as follows:
1. Determining Residential Requirements
Before filing for divorce, the individual initiating the process must meet certain residency requirements. This includes either having resided in Wisconsin for a minimum of six months or being stationed in Wisconsin as a member of the armed forces for at least six months.
2. Completing the Required Forms
The petitioner must complete all the necessary divorce forms, including a summons, petition, confidential petition addendum, marital settlement agreement, and financial disclosure statement. It is advisable to seek guidance from a divorce attorney to ensure that all required forms are properly filled out and submitted.
3. Filing the Completed Forms
Once all the forms are completed, the petitioner must file them with the clerk of the circuit court in their county of residence. Additionally, they must pay a filing fee of $184.50.
4. Serving the Other Spouse
After the forms are filed, the petitioner is responsible for serving the other spouse with a copy of the summons and petition. This task should be accomplished by a third-party who is not involved in the case. Subsequently, the respondent has 20 days to file an answer.
Resolving Legal Issues in a Divorce
Once the petition is filed, the divorcing couple needs to address several crucial issues before proceeding further with the divorce. These key issues include:
1. Division of Property
Wisconsin functions under community property laws. Consequently, all property acquired during the marriage is subject to division in the divorce. The court strives to divide the property equitably, but equality in division is not guaranteed.
2. Child Custody
In Wisconsin, the court bases its child custody decision on the best interests of the child. Several factors are taken into consideration, such as the child’s developmental needs, physical health of the parents, and the child’s relationship with each parent.
3. Child Support
Child support amounts are determined by considering a percentage of the paying parent’s income along with the number of children involved. Additional factors, including childcare expenses and medical costs, are also taken into account by the court.
4. Spousal Maintenance
Depending on the unique circumstances of the case, Wisconsin may award spousal maintenance, commonly known as alimony. Factors considered by the court in making this determination include the duration of the marriage, the earning capacity of each spouse, and any financial obligations.
Mediation as an Alternative
Rather than proceeding to trial, the divorcing couple may opt for mediation while attempting to resolve issues. Mediation involves a neutral third party, known as a mediator, who aids in facilitating a settlement agreement between the couple. Advantages of mediation include increased control over the final outcome and a less adversarial process.
Finalizing the Divorce
Once all the issues have been resolved, and a settlement agreement has been reached, the divorce process is not yet complete.
1. Waiting Period
Wisconsin enforces a 120-day waiting period before the divorce can be finalized. However, this waiting period can be waived if both parties mutually agree to do so.
2. Final Hearing
Upon completion of the waiting period, the court schedules a final hearing to review the settlement agreement. If the court approves the settlement agreement, the divorce becomes final.
Conclusion
Understanding the divorce process in Wisconsin is crucial due to its intricate nature and the state’s specific laws and regulations. It is vital to seek guidance and representation from an experienced divorce attorney to navigate this process and ensure the protection of your rights. While this guide provides an overview of the divorce process, it is essential to be prepared for additional complexities that may arise based on individual circumstances.