Getting a divorce can often turn into a highly complicated procedure, as people fail to separate their emotions from the business of ending the marriage. The fact is that no one gets married, hoping that they will get divorced one day.
If you have decided to terminate your marriage and focus on the next chapter of your life, you need to be aware of the many details that make up each part of the divorce process. Thus, keep reading this article if you’re looking for a comprehensive, step-by-step guide on how to dissolve a marriage in Wisconsin with minimal financial, psychological, and time losses.
Check Residency Requirements
Before filing for divorce in a particular state, it is crucial to check whether you meet local residency requirements. Otherwise, you won’t be able to file the divorce petition and end your marriage legally. For example, in Wisconsin, you can apply for dissolution of marriage if you satisfy both of the requirements listed below:
1. You or your partner have lived in the state for at least six months before initiating the divorce.
2. The petitioner has lived in the county where the petition is filed for at least 30 days before filing.
Decide on the Type of Divorce
According to Wisconsin Divorce Laws, residents of this state are only allowed to apply for a no-fault divorce. Simply put, there is no need to prove cruelty, desertion, or some other significant failing by the other partner to justify marriage termination. It is enough to state that your marriage is irretrievably broken, and there are no prospects for reconciliation.
Simultaneously, you can move forward with either an uncontested or contested divorce in the state, although the first option can be a lot faster and less expensive. An uncontested divorce can be granted if both spouses agree on divorce-related issues, such as child custody, property division, spousal support, etc. However, if you fail to achieve this goal, the court will process your case as a contested divorce (which requires more time and effort).
Select and Fill Out the Appropriate Papers
Currently, you can prepare divorce paperwork on your own or with the help of an attorney. If you hire an attorney, they will take full responsibility for completing forms that comply with local laws and regulations.
Professionals specializing in civil law usually need at least one week to serve this task. Besides, lawyers typically charge $220-250 per hour in this state, which is quite expensive. As a result, the total price for the document preparation can reach up to several thousand dollars.
Alternatively, if you want to save money and time on this procedure, you can use services offered by online divorce companies. These providers can help you fill out and generate up-to-date forms at an affordable price without the involvement of an attorney. In this case, the whole divorce form preparation price can be kept between $200-500. What’s more, the time for serving this task does not usually exceed two business days.
Remember that online divorce companies can only assist you in preparing your application for divorce online if your case is uncontested. Otherwise, you’ll need to hire an attorney to protect your interests in court.
Required divorce forms may vary depending on your circumstances and the county where you file. Most often, the list of needed marriage termination documents in Wisconsin includes:
- Petition for Divorce
- Summons
- Confidential petition addendum
- Proposed parenting plan (if child custody is at issue)
File Documents with the Court and Pay Filing Fees
Once all the documents are completed, you’ll be required to file them with a local court. The court clerk will check your divorce papers before stamping them.
In addition, you will be charged a filing fee that ranges around $175-$188 in the state. If you cannot afford this payment, you can ask a judge to waive your court fees by filling out a Fee Waiver document. In turn, this paper will be reviewed later by the court to decide if you should pay the fees.
After filing a petition with the court, you’ll have to go through a mandatory 120 day waiting period.
Serve Your Spouse
Under Wisconsin divorce law, residents of this state have 90 days to serve the other spouse after filing marriage termination papers. That’s why you should make additional copies of your documents.
Presently, three options can be used to notify the partner about the initiation of the divorce. These are as follows:
- By mail
- Personally
- By professional process server or officer
No matter what method you use to serve your spouse, you should obtain a signed Admission of Service document from the other party and file it with the court.
Address Divorce-Related Issues
Typically, property division, child custody, and spousal support are considered the main points of contention during marriage dissolution in Wisconsin. Couples failing to reach a mutual agreement regarding these points can only end their marriages through contested divorce proceedings. To address these issues and satisfy the needs of both parties, the court usually takes into account:
- Earning capacity of both spouses
- Each spouse’s educational level
- Standard of living during the marriage
- Length of the marriage
- Relationships with minor children (if there are any)
- Children’s preference in terms of the living place
- Health status of each partner
Finalize Divorce
Once the court has reviewed all the information, you and your spouse will be invited to a hearing to resolve any ongoing disputes. If you apply for an uncontested divorce, you will receive a divorce decree claiming that your marriage is officially over within four months after filing the petition. However, if the judge verifies that the parties don’t agree on divorce-related issues, the marriage termination process can last up to several years.
