Divorce Laws in Wisconsin

Wisconsin Divorce: 

Divorce can be a stressful and complicated process, but in Wisconsin, it’s relatively simple. With the help of qualified divorce lawyers, you can navigate the legalities and come out on the other side with a clear award that’s distributed equally between the parties.

First things first: Wisconsin is a “no fault” state, which means you don’t have to prove wrongdoing to get a divorce. The only grounds for a WI divorce are if the marriage is “irretrievably broken.” This can be voluntary or involuntary, but in either case, there must be no hope of reconciliation.

Once you’ve filed the paperwork, you’ll have to wait at least 120 days before the decree can be issued and the marriage dissolved. That’s not too bad compared to some other states, and it gives you time to prepare for the next stage of your life.

According to estimates, the divorce rate in Wisconsin is 3.0% per 1,000 of the population. That might seem low, but it still means that a lot of people are going through the same thing as you. You’re not alone, and there are resources available to help.

Grounds for Divorce in Wisconsin

As mentioned, the only grounds for divorce in Wisconsin are if the marriage is “irretrievably broken.” But what does that mean?

• If both or any of the spouses have voluntarily lived apart for at least one year or more with no hope of reconciliation, that’s a valid ground for divorce.
• If it was an involuntary separation for a period of 12 months and one of the spouses petitioned in favour of the marriage’s irretrievable breakdown, that’s also a valid divorce ground.
• If one of the spouses claims that the marital relationship is broken, the court will investigate the matter before granting a divorce decree on this ground in Wisconsin.

It’s important to note that annulments are not encouraged in Wisconsin for religious reasons. Divorce is a much easier process to deal with, and there’s a clear award that’s distributed equally between the parties. Annulment doesn’t have this, and the requirements are difficult and severe to prove both legally and religiously.

When you’re going through a divorce, it’s important to have a support system in place. That can include friends and family, but it should also include qualified and professional divorce lawyers who can help you navigate the legalities and come out on the other side with a fair settlement.

Wisconsin Divorce Laws

Divorce is never easy, but understanding the laws in your state can make the process a little less overwhelming. Here’s what you need to know about divorce laws in Wisconsin:

Residency requirements in Wisconsin

If you’re planning to file for divorce in Wisconsin, you’ll need to meet certain residency requirements. You or your spouse must have been a Wisconsin resident for at least six months, and both of you must have lived in the county where you’re filing for at least 30 days. After you file for divorce, there’s a 120-day waiting period before the hearing can take place.

Documents Required for Filing Divorce in Wisconsin

Before you file for divorce in Wisconsin, you’ll need to have a few documents in order:

• Complaint for divorce
• Final Decree of Divorce

If you and your spouse can’t agree on property distribution, you’ll also need a “Marital Settlement Agreement.”

Distribution of Property in Wisconsin

One of the most contentious aspects of any divorce is the division of property. In Wisconsin, the court will decide how to divide the marital property if you and your spouse can’t come to an agreement. The court will consider factors such as the value of the property, each spouse’s financial situation, and more.

Change of Name or Restoration of Name in Wisconsin

After your divorce is finalised, you or your spouse can choose to take back your former name.

Mediation Counseling in Wisconsin

If you and your spouse can’t agree on child custody, Wisconsin courts may require you to attend mediation. The court may also require mediation for joint custodial arrangements or parental support programmes.

Alimony in Wisconsin

Under Wisconsin divorce laws, either spouse can be awarded temporary or permanent alimony. The court will consider factors such as each spouse’s financial situation and the length of the marriage when making this decision.

Child Custody and Support in Wisconsin

When deciding child custody and support issues, Wisconsin courts will consider factors such as the child’s wishes, the interrelationship between the child and each parent, and each parent’s financial situation.

Now that you know the basics of Wisconsin divorce laws, consider speaking with a professional divorce attorney or lawyer to get more detailed information about your specific situation.

How to file for divorce in Wisconsin:

Filing for divorce in Wisconsin involves several steps that vary in cost and form requirements across counties. To get started, prepare a divorce plan and, ideally, come to an agreement with your spouse. Then, complete the necessary forms and gather the required documentation before filing them with the county clerk and paying the fee. After serving the forms to officially notify your spouse, prepare financial disclosures that provide clear and detailed information. Depending on your circumstances, you may encounter a default, uncontested, or contested response. If your spouse disagrees with your filing, the contested divorce is the most expensive and complex of them all. Therefore, it’s advisable to agree on a plan beforehand. You can utilise the WI family law court’s online tool to find the correct forms and papers. If the divorce is uncontested, attending the trial is relatively easy.

Wisconsin Annulment Laws: 

Marriage is supposed to be a lifetime commitment, but not all couples make it to the end. Sometimes, the union is illegal from the start. That’s where annulment comes in. It’s a legal decree that terminates a marriage that should never have been.

Wisconsin’s annulment laws provide several grounds for annulment. Here are the most common:

• Underage Marriage: If you or your spouse is under 16 years old, you can’t legally get married without the permission of your parents or the court. If you did, you can still obtain an annulment under Wisconsin annulment laws.
• Mental Incapacitation: If your spouse is mentally incapacitated, meaning they can’t make sound decisions, you can obtain an annulment. But you’ll need a surgeon’s certificate to confirm their condition.
• Influence of Drugs or Alcohol: If your spouse is a habitual drug or alcohol user and it’s affecting your marriage, you can get an annulment.
• Fraud: If you’ve been tricked into a marriage contract, you can file a petition for annulment in Wisconsin.
• Duress: If your spouse used force or threats to make you marry them, you have a valid annulment ground.
• Physical Disability: If your spouse has a physical disability that’s affecting your married life, you can file for annulment under Wisconsin annulment laws.

Annulment may not be as common as divorce, but it can be a lifesaver for those trapped in a bad marriage. Knowing your legal rights can help you make the right decision for your future.

Wisconsin Divorce Laws: FAQs

Going through a divorce can be a stressful and confusing time. With so many questions and unknowns, it’s important to have a clear understanding of Wisconsin’s divorce laws. Here are some frequently asked questions:

• • What should I do when served with divorce papers?

If you receive divorce papers in Wisconsin, don’t panic. You have 20 days to respond in writing and file a counterclaim. Failure to do so could result in a default judgement against you in the future.

• • I want a divorce but my spouse does not; what should I do?

Wisconsin is a no-fault state, which means that either spouse can file for divorce without the consent of the other. The only ground for divorce in Wisconsin is an irretrievable breakdown of the marriage.

• • How long does it take to get divorced in Wisconsin?

A divorce in Wisconsin typically takes a minimum of four months, but it can take up to a year to finalise. The timeline depends on the complexity of the case and how quickly both parties can come to an agreement.

• • What are the residency requirements for a Wisconsin divorce?

To file for divorce in Wisconsin, you must have been a resident of the state for at least six months and have lived in the county where you’re filing for the last 30 days.

• • Can I get a Wisconsin divorce if I don’t know where my spouse is?

Yes, you can still file for divorce in Wisconsin if you don’t know your spouse’s whereabouts. However, you must provide proof that you made a reasonable effort to locate them. This usually involves publishing an advertisement in a local newspaper.

• • What is the procedure for child custody?

Child custody is a complex issue in a divorce. In Wisconsin, the court gives the child the right to choose the custodial parent. If the child is too young to decide, the court considers factors such as the parent’s behaviour, affection, and ability to provide for the child.

• • What is maintenance?

Maintenance, also known as alimony or spousal support, is money paid by one spouse to the other for financial support during or after a divorce.

• • How does the divorce court decide the amount of maintenance?

Wisconsin divorce laws require the court to consider several factors when determining the amount of maintenance, including the duration of the marriage, the earning capacity of each spouse, the standard of living during the marriage, the age and health of each spouse, and any other relevant factors.

• • Can I and my spouse hire the same divorce lawyer in Wisconsin?

No, Wisconsin divorce laws prohibit one lawyer from representing both spouses in a divorce. Each spouse must have their own lawyer, or one spouse can choose to represent themselves.

• • What is mediation?

Mediation is a process where a neutral third party, known as a mediator, helps the spouses work through their differences and come to a mutually agreeable resolution. Mediation can be a more cost-effective and less adversarial alternative to going to court.

By understanding Wisconsin divorce laws, you can navigate the divorce process with confidence and make informed decisions that are best for you and your family.