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How to Start a Divorce in Wisconsin
“I want a divorce.”
We all hate those words in that combination. We never want to hear them, but many of us have, either directly or indirectly.
If only saying those words can make a divorce happen, like spreading magic dust or saying “Beetlejuice” three times. Alas, divorce is not easy, and in some ways it should not be that easy. A marriage is a legal contract, after all.
To break that contract takes preparation. Before you utter those words, you should know about legal steps to take to get a divorce in Wisconsin
Get Proper Divorce Forms in Wisconsin
The good news is, Wisconsin is a no-fault divorce state, which means you don't need legal “grounds” to file a divorce (such as abuse, infidelity, etc.). In that sense, it can be “easier” to get a divorce.
However, as you might guess, it still requires many legal forms to get filled out.
Some counties in Wisconsin may have slightly different versions of these forms, or additional forms than these, so it will be important to check with your local court to find out what they specifically require. Statewide, however, you are required to fill out the following:
Contested vs Uncontested Divorce
Are you nervous about the cost to file for divorce in Wisconsin?
If you've already made the difficult decision to sever a relationship with a spouse, it may help to know that costs vary widely depending on how a divorce is contested.
Regardless of whether your Wisconsin divorce is contested or uncontested, having an attorney that will represent you with confidence makes all the difference. Many clients in Dane, Columbia, Rock, Sauk, Jefferson and Green counties have chosen John T. Fields & Associates to handle their legal situation. A trusted firm with deep knowledge of the law, our attorneys do not stop until you receive the best possible settlement in a divorce case.
A divorce settlement can be reached with or without a trial. As a general rule, costs associated with uncontested divorce in Wisconsin run significantly lower than contested cases.
Wisconsin Uncontested Divorce Cases
One of the most important factors affecting the cost to file for divorce in Wisconsin is the level of cooperation between spouses. Jointly filing, the easiest way to complete an uncontested divorce, makes the entire process much more predictable, less time consuming, and far less expensive.
What to Know Before Filing for Divorce in Dane County, WI
Making the decision to file for divorce is never easy.
When a relationship falters and seems beyond the point of repair, it might make sense for both parties to legally part ways. While difficult, certain factors can make filing for divorce less of a burden. It certainly pays to have the preparation and determination of an experienced Madison divorce lawyer. An adequate legal representative must have keen familiarity with all Wisconsin divorce laws that may impact a case.
Understanding Wisconsin divorce laws
For those wondering if they actually have legal grounds for a divorce in Wisconsin, it's important to understand that Wisconsin is a “no fault” divorce state. This means the petitioner, or the person filing for divorce, doesn't need to prove any wrongdoing from the other party. Irreconcilable differences, or irretrievable breakdown, is the only ground required when filing.
Before looking into how to get a divorce, it helps to understand the residency requirements of Wisconsin divorce law. At least one spouse must have legal residency in the state of Wisconsin for 6 months prior to filing. They also need to be legal residents of the county in which they file for at least 30 days.
How Do Wisconsin Courts Decide Child Custody?
Children are perhaps the most at risk for trauma in a divorce, legal separation or custody case.
This is why, in Wisconsin, the child's best interests are always considered first. The courts in Wisconsin handle custody cases in a conciliatory way, where the first presumption is that it is in the best interest of the child to have equal contact and visitation with both parents.
Joint custody is the initial presumption, and developments during a custody proceeding may or may not push the judge to issue sole custody and visitation to one parent over the other based on various circumstances and factors
Child Custody and Placement
Some of the vital decisions before a Wisconsin family court will involve custody and placement. Custody is the legal right of a parent (or both parents in a joint-custody case) to make major life and legal decisions about their child(ren), including school, religious beliefs and worship attendance, getting a driver's license or consent to marry as examples.
What to Do When You Are Served With Divorce Papers
Help! I just got served with divorce papers!
State law has very specific provisions outlining how the divorce process in Wisconsin begins. When someone gets served divorce papers, their best response is to immediately contact a Madison divorce attorney. Under the divorce laws in Wisconsin, the filing spouse becomes the “petitioner” in a serious legal action against the “respondent.” If the respondent doesn't obtain expert legal advice, they could be disadvantaged by lack of clarity on their rights and responsibilities. The divorce papers will specify a response deadline, and missing it could result in a default judgment against the respondent.
Be aware that default judgments result in the petitioner getting everything they made a claim for in the divorce papers. This is especially troubling for respondents as divorce petitions often include unreasonable, outlandish, and even insulting requests. Respondents should keep a level head; these requests are made with the expectation of negotiations and counterclaims, but failure to respond could have life-altering consequences. The Madison divorce lawyers at John T. Fields and Associates understand the game and the stakes of high asset divorce… and will fight like a pitbull to win.
Pension Rights and Your Divorce
Whether negotiating a settlement or engaging in a high asset divorce dispute, rights to retirement savings and pensions are incredibly important.
Pensions and retirement savings are valuable bargaining chips are often overlooked by spouses preoccupied with establishing possession of more tangible properties like houses and vehicles. Divorcing couples tend to view the house as the most valued property in an adversarial dispute, but securing rights to pension plans and other investments often provides greater long-term benefits to the asset holder.
Divorce Assets Worth Fighting For
There are many kinds of accounts to be divvied up in a Wisconsin high asset divorce. Different kinds of accounts have different rules affecting marital property division. Some factors include:
- the valuation of comparable accounts
- investments under the spouse's name
- the length of the marriage
Some of the most commonly disputed marital assets include:
Coping With A Difficult Spouse
Dealing with a uncooperative spouse during the divorce process can be very stressful.
Even the most amicable divorce comes with its fair share of stress, but when one spouse is determined to make the situation as difficult as possible, it can seem unbearable. Perhaps one spouse does not want the divorce and they may try to do anything they can to slow the process, hoping the other party will eventually be willing to reconcile. Or, perhaps one spouse is financially dependent on the other and does not want to lose the financial support they had while married. And then there's always the spouse that may see their attempts to complicate the divorce process as their way of “getting even” with their spouse.
The number one issue that divorcing couples have are problems communicating. Communication between spouses may have been difficult prior to the marriage disintegrating, but after the divorce is filed it can become nearly impossible. There are things that can make communication more clear and smooth during the divorce process.
FAQ: When Is A Party Entitled To Maintenance?
A divorced party is not automatically entitled to alimony or maintenance.
The law acknowledges that marriages are partnerships and even though one party may not have worked at a wage paying job, he or she is presumed to have contributed equally to the marriage in other ways.
These contributions could be:
- child rearing
- managing a household
- providing physical and emotional support to the wage earning spouse
The party asking for maintenance must have a need for it and the other party must have the ability to pay. If both side's criteria exist then the court will look at a number of factors to determine not only the amount of maintenance to be paid but also for how long it is to be paid.
The factors included would be:
- Length of marriage
- Age and physical and emotional health of the parties
- The division of property
- Educational level of each party at the time the action is commenced
Parental Kidnapping During Divorce or Custody Case
During a heated divorce or custody case, parents often become bitter or angry at the other spouse.
Usually a parent will attempt to minimize or limit the other parents' placement or visitation time. Sometimes this is being difficult in working with pickups and drop-offs. Other times, it can mean the child not being dropped off at all. When one parent refuses to return the child to the other parent, parental kidnapping has occurred.
Parental kidnapping is much more than a simple custody dispute. It is intentionally taking or hiding a child to prevent a parent or legal guardian from having the custody which they are entitled to. In some Parental Kidnapping cases, the parent will have the child change names, attempt to change the appearance of the child, and move with the child a great distance away. This not only affects the other parent's rights, but also affects the child caught in the middle. It can be a very traumatic event for the child involved, causing psychological problems later in life. The child may begin to question his identity as everything he once knew has been taken away.
FAQ: How Do I Know What Is The Best Route For My Case?
Divorces today are more complicated than ever.
Deciding whether to hire a mediator or lawyer portrays a large role in the success of your divorce battle. Our experienced Madison divorce lawyers highly recommend contesting your divorce and bringing your case to trial. A divorce can put your future largely at stake and should not be made by a non-legal representative.
Whether it's the custody of your child or your financial security, a mediator does not have the legal grounds to back your case. Mediators may offer quicker solutions, however they do not provide the legal advice necessary for a divorce. You divorce lawyer can provide substantial, legal advice where a mediator can only tell you where to find additional information.
John T. Fields & Associates have the knowledge in fighting for what is rightfully yours, offering clients unmatched, comprehensive legal support. Trust our leading divorce attorneys to win your contested courtroom battle. Contact us for an initial consultation. John T. Fields & Associates serves Madison, Wisconsin and the surrounding area.
From our office in Madison, Wisconsin, we provide representation for clients in communities throughout Dane County, Green County, Columbia County, Sauk County, Dodge County, Jefferson County, and Rock County, including Middleton, Waunakee, DeForest, Sun Prairie, Cottage Grove, Monona, McFarland, Fitchburg, Stoughton, Oregon, Verona, Mt. Horeb, Monroe, Portage, Baraboo, Reedsburg, Beaver Dam, Waupun, Watertown, Jefferson, Fort Atkinson, Whitewater, Janesville, and Beloit.
Results listed are not a guarantee or indication of future case results.
2810 Crossroads Dr., #4000, Madison, WI 53718
608-729-3590
