If you live in the state of Wisconsin and you and your spouse are having marital problems, there are a few things that can be done to resolve the situation. However, you do have to follow Wisconsin Divorce laws before the courts will grant you divorce or legal separation. One of the main requirements before a Wisconsin divorce is granted is the waiting period of 120 days.
Filing for Wisconsin Divorce
Filing for a Wisconsin divorce is done in the county where you currently reside. The process of filing for a Wisconsin divorce can be confusing and lengthy especially if there are minor children or property involved in the divorce. You will need to decide if you will represent yourself or hire an attorney and whether you will file for divorce or legal separation. The self-help center provides you with the resources that you need to file for divorce and there is staff to answer most questions that you have without offering any legal advice.
Wisconsin Divorce Requirements
There are certain requirements that have to be fulfilled before either party is able to file for divorce. However, it is not required to prove that either party committed any wrongdoing since this is a “no-fault” divorce state.
If you decide to file for a divorce, one or both parties must be a resident of Wisconsin for 6 months prior to filing for divorce and a resident of the county the petition for divorce is being filed for at least 30 days. After paying the filing fees and filing the petition for divorce, you must wait 120 days before a hearing is granted.
Basic Steps for Wisconsin Divorce
There are 10 basic steps that you should follow when filing for a Wisconsin divorce. You would need to verify these steps with the county that you are filing for divorce to make sure that you do not miss any steps.
The 10 basic steps for divorce include the following:
How will you file for divorce? Will you and your spouse complete the petition jointly or are you or your spouse filing a petition to start the divorce proceedings?
Are you and your spouse able to agree on certain issues or do you need to go through family court for a temporary hearing to resolve any of the following:
Child custody, placement, or support
Personal property including automobiles
Payment of bills
File a petition with the court and pay the appropriate fees
Serve the court papers to the other party and provide proof that the documents and petition have been served to the clerk of courts.
Obtain a temporary order or file stipulation to a temporary order depending on if you and your spouse can agree on the issues mentioned in step 2.
Complete parenting programs and plans if there are minor children involved.
Receive information for the next scheduled court hearing which could be the final hearing depend on the county the petition was filed.
Prepare and complete the paperwork for the final court hearing.
Go to the final court hearing
After the final hearing complete any necessary paperwork or documents that are needed to finalize the divorce.