Filing for divorce in Wisconsin can be an emotional and legal challenge. You may feel overwhelmed by the process and unsure about the future.
The legal steps begin with meeting residency requirements. You must live in Wisconsin for at least six months and in the county where you file for at least 30 days.
After filing, there’s a mandatory waiting period of 120 days after the service of process before the court finalizes the divorce. This time allows for any necessary negotiations or changes of heart.
Do I need to prove fault to file for divorce?
No. Wisconsin offers a “no-fault” divorce process, meaning you don’t need to prove wrongdoing by your spouse. The only reason you need to file for divorce is an “irretrievable breakdown” of the marriage.
This term is similar to “irreconcilable differences” in other states. It simply means you and your spouse no longer get along, and the marriage is unrepairable.
Essential issues to address during a divorce
While many people focus on the emotional challenges of ending a marriage, it’s essential to understand that the legal process largely determines your future financial well-being. During a divorce, spouses must address several crucial issues, including:
- Child custody and child support: Deciding where your children will live and how both parents will support them financially.
- Division of property: Your attorney can help identify and determine how to split assets and debts acquired during the marriage.
- Spousal maintenance: Also known as alimony, this involves the need for financial support from one spouse to another after divorce.
- Legal separation or annulment: Spouses may consider these alternatives to divorce depending on the circumstances.
Wisconsin follows community property laws for dividing assets, meaning that all marital property is typically divided equally. This includes assets and debts acquired during the marriage.
An experienced divorce lawyer can help you understand these laws and protect your rights. Skilled family law attorneys can guide you in navigating child custody, property division and spousal maintenance to ensure a fair outcome.