Divorce is never an easy process, and it’s essential to familiarize oneself with the various types of divorce in Wisconsin and the procedures involved. In this comprehensive guide, we’ll explore the different types of divorce available in Wisconsin, such as contested divorce, uncontested divorce, legal separation, and annulment, as well as the filing requirements and procedures, child custody and support issues, property division, spousal support, and the divorce process timeline. By understanding these aspects, you’ll be better prepared to navigate the complex and often emotionally charged process of ending a marriage.
Whether you’re considering divorce or are already in the midst of the process, this guide will provide valuable information and insights into the types of divorce in Wisconsin. We’ll also address common questions and concerns related to divorce, ensuring you have a good idea of some of the most important aspects of divorce in Wisconsin
Understanding the Types of Divorce in Wisconsin
There are four primary options for ending a marriage in Wisconsin: contested divorce, uncontested divorce, legal separation, and annulment. Each type of divorce has its own requirements and procedures, and the court system in Wisconsin highly advocates for settlements in divorce cases to minimize the potential for conflict and litigation.
Let’s examine each type of divorce in more detail.
Contested Divorce
Contested divorces arise when one of the spouses files an objection or dispute to any of the terms outlined in the divorce papers. The necessary paperwork must also be submitted in order to make their case. This type of divorce can be both lengthy and expensive, as it requires court intervention to make final decisions on issues such as child custody, property division, and spousal support. To file for a contested divorce in Wisconsin, a spouse must submit a complaint to the Wisconsin court system, provide the complaint to the other spouse, and attend a court hearing.
If both parties cannot reach an agreement on a divorce settlement, a trial may be necessary for a judge to make a ruling on the disputes. The process of a contested divorce can be emotionally and financially draining, making it essential for both parties to consider alternative options, such as mediation or negotiation, to reach a resolution.
Uncontested Divorce
An uncontested divorce, on the other hand, is a more expedient and cost-effective option. In this scenario, both parties agree on all matters specified in the joint divorce petition and sign the relevant documents. The process for an uncontested divorce in Wisconsin typically requires the spouses to submit a written divorce settlement agreement containing the details of their agreement to the court. The judge will review the submitted agreement at a hearing. After that, the judge will sign the final divorce judgment.
An uncontested divorce can be completed without the assistance of a lawyer, as long as both parties agree on all aspects of the settlement agreement. This type of divorce is ideal for couples who are on the same page and can communicate effectively to resolve outstanding issues amicably.
Legal Separation
Legal separation is another option for couples who wish to remain married for religious or other reasons, but need to define their rights and responsibilities without ending the marriage. In Wisconsin, legal separation is granted by a court order. It is applicable when a married couple continues to remain as husband and wife but live separately. The court order does not end the marriage. Rather, it enables the court to provide instructions regarding spousal support, asset division, and child visitation and custody.
One of the key differences between legal separation and divorce is that a legally separated couple remains legally married, while a divorced couple has their marriage terminated. Legal separation can be a viable alternative for those who wish to maintain their marital status for various reasons, such as religious beliefs, insurance coverage, or immigration benefits.
Annulment
Annulment is a rare legal option that voids a marriage, necessitating proof of specific circumstances. Unlike divorce, which terminates a valid marriage, an annulment renders a marriage null and void, as if it had never taken place. Annulment may be granted in specific circumstances, such as fraud, misrepresentation, or incapacity.
The procedure for annulment in Wisconsin entails filing a petition with the court, presenting evidence of the grounds for annulment, and attending a hearing. Due to the stringent requirements and the burden of proof, annulments are relatively uncommon in Wisconsin compared to other types of divorce.
Frequently Asked Questions
What is the fastest way to get a divorce in Wisconsin?
The fastest way to get a divorce in Wisconsin is to file an uncontested divorce petition after reaching a comprehensive agreement with your spouse.
This agreement should cover all aspects of the divorce, including division of assets, child custody, and spousal support. It should also include a marital settlement agreement that outlines the terms of the divorce. Once agreed upon, the agreement will be finalized.
What is a wife entitled to in a divorce in Wisconsin?
In a divorce in Wisconsin, a wife is entitled to half of the marital property, with exceptions made for separate property given to or inherited by one spouse.
Exceptions to this rule include property that was given to or inherited by one spouse prior to the marriage, or property that was acquired by one spouse after the marriage but before the filing of the divorce. Property that was acquired during the marriage is property that was acquired during the marriage.
What is the difference between contested and uncontested divorce in Wisconsin?
Contested and uncontested divorces in Wisconsin differ in that contested divorces involve one or more major disagreements between the parties, while uncontested divorces see both parties filing the paperwork jointly.
Both types of divorce require the filing of paperwork with the court, but the process for each is different. In a contested divorce, the parties must negotiate and come to an agreement on the issues in dispute. This can be a lengthy process, as the parties must work out a solution.
Is Wisconsin a 50-50 divorce state?
Wisconsin does have a 50/50 division of marital assets and debts during the event of a divorce, legal separation, or annulment.
However, non-marital property is not split.
What are the main types of divorce options in Wisconsin?
In Wisconsin, the main types of divorce options are contested divorce, uncontested divorce, legal separation, and annulment.
Read here to learn more about the Wisconsin divorce process and recent updates to Wisconsin divorce laws.
If you are looking for a 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 Madison, 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 Madison at:
6527 Normandy Ln., Ste. 201A
Madison, WI 53719
(608) 581-9876
https://www.oflaherty-law.com/location/madison-wisconsin-attorneys
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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