What is a joint petition for divorce in Wisconsin?
A joint petition for divorce in Wisconsin often goes by another name, an uncontested divorce. In an uncontested divorce the spouses decide together the they no longer want to be married and file a joint petition for divorce. A Wisconsin joint petition for divorce can potentially save the spouses money and time if things remain amiable all the way through the process.
The spouses will need to indicate if they have minor children in the appropriate joint petition. Although the joint petition for divorce is considered an uncontested divorce, the parties will still be required to wait for 120 days for the divorce to be finalized under Wisconsin law. During the 120 day waiting period, it is expected that the parties will work together to come up with a Marital Settlement Agreement.
In the Marital Settlement Agreement the spouses must address the division of all the marital property and marital debt. The parties must also decide if one of the spouses will receive any maintenance from the other spouse. Finally, if there are minor children of the marriage the spouses must devise a child care and custody arrangement that is in the best interests of the child. The child custody portion of the agreement must include who will have primary physical custody, visitation and medical insurance for the child of children.
What are the requirements for a joint petition for divorce in Wisconsin?
The residency requirements of a Wisconsin joint petition for divorce are fairly straightforward. You must have resided in Wisconsin for the six months prior to filing your petition. You must be a resident in the county you file in for 30 days prior to filing your joint petition. As noted above, you are still required to wait 120 days prior to your divorce being granted, what is known as a the “cooling off” period. If everything is in order with your filed paperwork, at the end of the 120 days the court will hold a hearing and check to see if everything is in order and then grant your divorce.
If you are filing a joint petition with minor children, there may be additional requirements to be fulfilled during your 120 day waiting period. Some counties require that both parents attend a parenting class and then file proof of attendance with the court prior to the petition being granted. Do not wait to get this requirement done, it can be difficult with work and family commitments to find the time to take the class but if the county requires it you won’t get your divorce finalized until you have done it. Furthermore you should develop a parenting plan with your spouse to attach to the marital settlement agreement that the court can review.
You must also file forms in addition to your joint petition and marital settlement agreement. You will need to complete a form for your vital statistics and a proposed findings of fact and conclusions of law for the court to review and sign at the final hearing. Getting all of your paperwork correctly and completely filed prior to the final hearing will be to your advantage. If the filings are not in order at the scheduled final hearing it could take another 60-90 days to get a new court date, depending on how busy that particular court is. You and your spouse may want to consider hiring a family law attorney to assist you with the various forms and requirements in order to make the process move along as quickly as possible.
What are the advantages of filing a joint petition instead of a “regular divorce?”
While it is always sad to have a relationship end there is much to be said in favor of ending it on good terms. When you work together to decide on the division of the martial estate and the care of the children you are creating an agreement on your terms, which can make everything a lot easier. While a joint petition is not necessarily faster than a standard divorce, it is the quickest way to accomplish it if things remain amicable between the divorcing spouses.
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