The Wisconsin Family Law Firm Answers Frequently Asked Questions About Divorce
The decision to end a marriage is riddled with many questions. At Laster & Associates LLC, it is our goal to answer all of your questions to help you understand the divorce process. Below are some questions and answers to some of the most common questions regarding divorce in Wisconsin.
How Do I File for Divorce?
First, you must have been a resident of the county in which you are filing for at least 30 days prior to filing, and you must have been a resident in the state of Wisconsin for at least six months.
The divorce petition is filed in the county in which you live. Then, the other party must be served with the petition. It is important to make sure the process is commenced properly, which is why it is so important to hire a skilled divorce attorney to represent you from the very beginning.
I Cannot Afford to Hire an Attorney – Will the Court Order My Ex to Pay for My Attorney?
There are some situations in which the court may order a spouse to help pay for the attorney fees of the other spouse; however, this is not typically the case, as you are generally responsible for paying for your own attorney.
How Long Does the Divorce Process Take?
In Wisconsin, there is at least a 120-day, or four-month, waiting period that must lapse between the first hearing and the final hearing. The process may take longer, however, in a contested divorce
where there is serious disagreement on the issues.
What Else Do I Need to Consider?
There are many things to consider. Legally, in a divorce, property must be divided between the parties. Additionally, if there are children from the marriage, custody, placement, and support may also need to be determined.
Are There Any Alternatives to a Divorce?
Yes. In Wisconsin, there is legal separation, which does not end the marriage. There is still a mandatory 120-day waiting period between initiating the proceeding and having it finalized. The major difference in a separation, however, is that the parties may reconcile at any time.
A marriage may also be annulled. An annulment treats the marriage as having never existed. To discuss the options available to you, contact one of our knowledgeable divorce attorneys
Is There Always a Trial?
No. Wisconsin encourages collaborative and cooperative divorces.
A collaborative divorce encourages the parties to work together in reaching an out-of-court settlement. If the parties are represented by counsel, and these efforts fail, the divorce proceeds to trial; however, the attorneys who represented the spouses in settlement discussions withdraw, and new counsel is brought onto the case.
In a cooperative divorce, while a settlement between the parties is desired, a court trial remains an option for the parties with their counsel in the event an agreement cannot be reached. To discuss these procedures in more detail, contact our office.
We invite you to contact us
so that we may answer any questions or concerns you have about divorce. Call us today to schedule your FREE initial consultation.