In this article...
In this article we will be discussing Uncontested Divorce in Wisconsin and some of the most common questions surrounding an Uncontested Divorce.
Certain states provide for an expedited uncontested divorce process. Wisconsin is not currently one of the states that provides an expedited process. Wisconsin does however offer a simplified process for spouses that are not contesting the divorce proceeding and do not wish to add the stress of litigation to an already transformative period. This process is widely known as an uncontested divorce proceeding. People tend to have many questions related to the uncontested divorce process and we hope to provide some clarity to some frequently asked questions.
What is an Uncontested Divorce?
Uncontested divorce in Wisconsin is a process where both members of a marriage agree to dissolve their marriage. The parties have determined that the marriage is irredeemable, and no further efforts would repair the damage to the marriage. The process is intended to be a simplified proceeding.
What is the difference between an uncontested divorce and dissolution of marriage?
There is not a difference. A dissolution of marriage is the legal effect of seeking a divorce.
What does Uncontested Divorce mean?
An uncontested divorce means that both parties are going to resolve everything in the case by agreement. The parties are not going to seek discovery or ask the Court to rule on issues. Instead, they are comfortable with the arrangements made between them.
How to file an Uncontested Divorce in Wisconsin?
The process for filing an uncontested divorce is the same as filing a traditional divorce. The main caveat in this proceeding is that the parties will be entering a signed stipulation that they have agreed to the terms of their divorce and asking the judge to approve that arrangement.
Do I need a lawyer for an Uncontested Divorce in Wisconsin?
A lawyer can absolutely assist in an uncontested divorce. Hiring an uncontested divorce lawyer can ease the procedural worries and ensure that all of the appropriate paperwork is submitted to the Court in the appropriate manner and conforming with the Court’s requirements. Failure to meet the standards can result in additional court dates and delays in obtaining your divorce.
How long does uncontested divorce take?
An uncontested divorce can be done as quickly as allowed by statute. A court cannot grant a final divorce judgment until four months after the filing of a divorce proceeding. As such, the uncontested divorce process must take at least four months for the date of filing.
What happens in an Uncontested Divorce?
The process is intended to be simpler than a litigated divorce case. The parties begin by filing a joint petition for divorce. After filing, the parties are required to exchange all relevant financial information including assets and debts via a approved financial disclosure. After the disclosure, the parties need to come up with their settlement agreements. There may also be a few county specific forms that need to be executed. Once the forms are completed, they need to be submitted to the judge presiding over the case in the appropriate manner. The court will then set a date which both parties need to appear at.
At the appearance, the judge will review your proposed agreement. Both parties will be questioned to ensure they fully understand the agreement and the legal effect. Assuming the judge is satisfied following that process, they will enter a Finding of Fact Conclusions of Law and a Judgment formally dissolving the marriage.
Can an uncontested divorce be reversed?
When involved in an uncontested divorce proceeding both parties will be involved and working toward a resolution. Additionally, both parties will be signing an agreement about the dissolution and providing testimony in open court related to that agreement and their understanding. It would be incredibly difficult to vacate a finding in these circumstances but if it is discovered that one of the parties acted fraudulently or withheld needed information, you may be able to ask the court to review the matter.
Can I get remarried after my divorce?
Yes, but Wisconsin prohibits anyone from entering into a marriage within 6 months of the date of their divorce.