What to Expect When Filing for Divorce in Wisconsin

by | Oct 18, 2013 | Lawyer

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Going through a divorce can be very emotional for the parties and difficult to handle. However, if you believe your marriage is over and you want to file for divorce, you must meet the requirements of the Wisconsin statute. Wisconsin is a no-fault state that does not require wrong-doing on either part to qualify for a divorce.

There are, however, two grounds for divorce. The first is where both parties petition the court and state that the marriage is irretrievably broken. The first justification for divorce does not require a specific length of time for the parties to be separated, however, the parties must voluntarily petition the court together.

The second reason for divorce is met when the parties have been separated for at least 12 months, even if the separation was not voluntary, and the court finds that the marriage is irretrievably broken. The second situation requires the court to determine whether the marriage could be revived, and if the court does not believe that the marriage is irretrievably broken, the case will be continued and the parties could be order to attend marriage counseling.

In divorce cases, the court also determines other issues such as child support, custody, and alimony. However, cases with these issue can be resolved amicably without multiple hearings and court dates. If the parties reach an agreement, the court will generally accept the agreed upon terms. A Divorce attorney Mequon WI may be able to assist you in reaching a mutually satisfying agreement that would be approved by a court. Furthermore, an experienced Divorce attorney Mequon WI may be able to help you when the case goes to court, if the issues in your case are contested.

In addition to having the proper grounds for a divorce, you must meet the residency requirements. In Wisconsin, at least one of the parties must have resided in the state for at least 6 months prior to filing the complaint. Moreover, one of the parties must have been a resident in the county in which they are filing for at least 30 day prior to filing or the parties must have been married in Wisconsin.

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