In a divorce, the decisions you make can impact your life and your finances long after you end your marriage. Knowing how the divorce process works can help you manage expectations and prepare effectively. What should you know?
What does the divorce process look like in Wisconsin?
The divorce process in Wisconsin involves several different stages:
- Filing for divorce: Filing a divorce petition with the court is the first step in the divorce process. This petition includes information about both spouses, the marriage and any initial proposals for dividing property, custody of children and other details.
- Serving divorce petition: The spouse who files must then give the other spouse the divorce papers to officially inform them of the divorce.
- Temporary orders: Either spouse can ask the court for temporary orders. These orders might cover child custody, child support, spousal support or use of shared assets. They provide important relief and structure during the divorce process.
- Divorce hearing: After all paperwork is complete and both spouses have had a chance to present their views – whether through negotiation, mediation or trial – the court will set a date for a hearing. This is when the court makes final decisions about all aspects of the divorce.
- Finalizing the divorce: Once the judge approves the agreements, the divorce becomes final when they sign the divorce decree.
How long does the divorce process take?
The length of the divorce process depends on your situation. If you and your spouse generally agree, the process may not take long. If you have significant disagreements that require negotiations or trial, the process can take much more time.
It is important to note, however, that Wisconsin courts cannot finalize the divorce until 120 days have passed since the you filed the divorce papers. This means that your divorce will take at least 120 days to complete.
How long do you have to live in Wisconsin before you can get a divorce?
Before you can file for a divorce in Wisconsin, you or your spouse must have lived in the state for six months or more. You must also have lived in the county where you will file for at least 30 days.
Do you have to prove fault to get a divorce?
Wisconsin is a no-fault divorce state. This means that you can get a divorce without showing that your spouse was unfaithful, abusive or showed some other serious fault. The only requirement is that one spouse must testify that the marriage is irretrievably broken.
Making informed choices during the divorce process is a key part of achieving a fair outcome. Seeking legal guidance from an experienced divorce attorney and learning more about the divorce process can help you protect your rights.