Divorce can be emotionally challenging and legally complex, especially in Wisconsin. Understanding the intricacies of the state’s divorce laws is crucial for navigating this life-changing event. This article will guide you through the Wisconsin divorce process, from understanding the Wisconsin divorce six-month waiting period and the difference between uncontested and contested divorces to the division of marital property and child support. By the end, you will feel more equipped to handle the emotional and legal challenges of ending a marriage in Wisconsin.
Key Takeaways
- Understand the Wisconsin Divorce 6-Month Waiting Period: 120-day waiting period, impacted by complexity of case & court schedules. Uncontested is quicker and less expensive.
- Navigate WI Court System: filing documents, attending mediation/parenting classes, and final hearing with legal rep recommended.
- Property Division & Custody Decisions based on the best interests of the child. Annulment is difficult to obtain with proof needed for grounds such as fraud or incapacity.
Understanding the 6-Month Waiting Period in Wisconsin Divorce
The 6-month waiting period in Wisconsin divorce refers to the time it takes to finalize a divorce, including the mandatory 120-day waiting period and other factors that can influence the timeline. To finalize a divorce in Wisconsin, both spouses must sign and agree upon a marital settlement agreement, and complete financial disclosure statements must be filed with the court. Additionally, any court-mandated mediation or parenting classes must be fulfilled. In Wisconsin, it is only possible to obtain a divorce if the marriage has become entirely irreparable. This is the only legal basis for divorce in the state.
Fulfilling the state’s residency requirements is necessary to file for divorce in Wisconsin. The initial divorce papers cost $184.50 to file in basic circuit court. There is an additional fee of $10 if requesting support or maintenance payments. There is also a $20 fee for electronic filing when you file divorce papers in Wisconsin.
The 120-Day Waiting Period
Wisconsin requires a 120-day waiting period before a divorce can be finalized, starting from the date the divorce papers are filed. This mandatory waiting period, also known as the “cooling off period,” serves to ensure that each individual involved in this emotionally charged and life-altering event is able to make rational decisions. An immediate hearing is not possible due to this waiting period.
Under certain circumstances, such as health, safety, or emergency reasons, the court may grant a waiver for the 120-day waiting period, as per divorce laws in Wisconsin. However, these waivers are rare and typically only granted in extreme situations.
Factors Influencing the Divorce Timeline
The divorce timeline can be influenced by factors such as the complexity of the case, court schedules, and whether the divorce is contested or uncontested. A complex case may require additional time to be resolved, as it might involve disputes over assets, custody, and support. Additionally, court schedules can impact the divorce timeline, as the court may only be able to hear the case on a specific date.
The distinction between contested and uncontested divorce also plays a role in the timeline. In a contested divorce, both parties must reach a mutual agreement regarding the terms of the divorce, whereas, in an uncontested divorce, one party can file for divorce without the other party’s approval. This can influence the duration of the divorce process.
Uncontested vs. Contested Divorce
Uncontested divorces, often associated with a no-fault divorce state, are generally quicker and less expensive than contested divorces, as they involve both parties agreeing to end their marriage in a civil manner without conflicts concerning matters such as marital assets, support, or child custody/placement.
On the other hand, contested divorces can take longer and involve more legal fees due to disagreements on matters such as asset division, child custody, and support. If an agreement on a divorce settlement cannot be reached, a trial may be necessary for a judge to make a final decision. This can prolong the divorce process and increase the emotional and financial strain on both parties.
Uncontested Divorce Process
In Wisconsin, an uncontested divorce requires both parties to agree on all aspects of the divorce, such as child custody, visitation, division of assets, health insurance coverage, and alimony. The court may only finalize the divorce 120 days after the filing of the divorce petition.
Typically, an uncontested divorce takes approximately 120 days, provided that both parties are in agreement with all terms. For even more information read our article, Everything You Need to Know About Wisconsin Uncontested Divorce.
Contested Divorce Process
Contested divorces in Wisconsin involve the court deciding the outcome based on the evidence presented by both parties, which may require mediation, a pre-trial hearing, and a series of court appearances to resolve the issues according to Wisconsin divorce laws.
Contested divorces may take longer to resolve due to disagreements regarding property division, child custody, and support.
Navigating the Wisconsin Court System
Navigating the Wisconsin court system involves a few key steps, including filing divorce papers, attending mediation and parenting classes, and attending a final hearing for the judgment. In Wisconsin, there are two levels of courts: the circuit courts, which serve as the trial courts of general jurisdiction, and the appellate courts, which serve as the courts of appeal.
Consulting with a legal representative is recommended to ensure that all documentation is correctly filed and all requirements are fulfilled. This can help streamline the judicial process and reduce the likelihood of complications or delays. To get even more in-depth info check out our article, How Do I Get a Divorce in Wisconsin: A Step-by-Step Guide.
Filing Divorce Papers
Filing divorce papers in Wisconsin involves submitting a Summons and Petition for Divorce and paying the required fees. To initiate the process of divorce in Wisconsin, one must file a Summons and Petition for Divorce in the county of residence.
An attorney can help facilitate the divorce process and provide effective representation for your interests.
Attending Mediation and Parenting Classes
Couples may be mandated to participate in court-ordered mediation or parenting classes during the 120-day waiting period. For those parents with children in divorce, paternity, or separation cases in Wisconsin, participation in parenting classes is mandatory. The cost of attendance is $50 per person.
Final Hearing and Judgment
The final hearing and judgment of a Wisconsin divorce case is contingent upon the court’s schedule and the intricacies of the case. At the final hearing, both parties will present their arguments to the court, who will then make a decision.
Subsequently, the court will issue a judgment, which is the final ruling.
Legal Separation vs. Divorce
Legal separation is an alternative to divorce in Wisconsin, allowing couples to live apart and divide assets without ending the marriage. Legal separation and divorce involve similar procedures, such as financial separation of the two spouses and orders for custody, placement, and child support.
However, legal separation does not dissolve the legal relationship between the two spouses, while divorce does.
Out-of-Court Settlements
Couples can agree to an out-of-court settlement in their Wisconsin divorce by submitting a written agreement for the judge’s approval when their marriage is irretrievably broken. Upon court approval, the agreement becomes legally binding.
Out-of-court settlements can be beneficial for couples, as they can save time, money, and emotional strain compared to a lengthy court battle.
Annulment in Wisconsin
Annulment in Wisconsin is a legal process that requires proving specific grounds to a judge, such as fraud, duress, or incapacity. Unlike a divorce, an annulment renders a marriage null and void, as if it never existed. Annulments are relatively rare and can be more challenging to obtain than a divorce, as they require the petitioner to demonstrate that one of the specific grounds for an annulment exists.
In order to obtain an annulment in Wisconsin, the petitioner must prove it to the court.
Summary
In conclusion, understanding the Wisconsin divorce process is essential for navigating this complex and emotional journey. From the 6-month waiting period and differences between uncontested and contested divorces to the division of marital property and child support, knowledge of the legal landscape is crucial. Armed with this information, you are better equipped to handle the challenges of ending a marriage in Wisconsin and can make informed decisions for your future.
Frequently Asked Questions
Is there a waiting period for divorce in Wisconsin?
Yes, there is a waiting period of 120 days in Wisconsin to get divorced.
Additionally, once the divorce is granted, spouses must wait at least six months before remarrying.
How long after a divorce in Wisconsin can you get married?
In Wisconsin, individuals who are divorced must wait at least six months before they can remarry. This waiting period starts after the judgment of divorce has been granted, and any marriages performed before the six-month waiting period has ended will be considered voidable.
Marriages that occur before the six-month waiting period has ended are considered voidable, meaning that the marriage can be annulled or declared invalid by a court. This is a fact.
How long does it take to get served divorce papers in Wisconsin?
It usually takes up to 90 days to serve your spouse with divorce papers in Wisconsin. Extensions can be requested if you are close to the 90-day deadline. For more information on the length of divorce in Wisconsin read our article, How Long Does A Divorce Take in Wisconsin.
What is the difference between uncontested and contested divorce in Wisconsin?
Uncontested divorces involve both parties agreeing to end their marriage without conflicts, while contested divorces involve disagreements and take longer to resolve.
How is marital property divided in Wisconsin?
In Wisconsin, marital property is divided equitably upon divorce, as the state is a community property jurisdiction. All possessions acquired during the marriage are considered to be part of the marital estate.
If you are looking for an Wisconsin divorce attorney to assist you in this matter, please click here to find a Wisconsin divorce lawyer near you.
While we serve most of Wisconsin, if you’re in the Milwaukee, WI area and are looking for an experienced Madison divorce attorney to assist you, please feel free to reach out to O’Flaherty Law of Milwaukee at:
985 W. Oklahoma Ave., Ste. A
Milwaukee, WI 53215
(414) 253-2080
milwaukee.wi@oflaherty-law.com
www.oflaherty-law.com/locations/milwaukee
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual’s legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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