The Legal Process To Divorce

In the state of Wisconsin, a divorce action commences when one or both spouses file a petition for divorce. The petition asks the court to dissolve the legal marriage between the spouses.

Divorce Petition

The petition must be filed in the county where one or both spouses reside, and one of the spouses must have been a resident of Wisconsin for at least six months prior to filing for divorce. That petition oft lays the groundwork for the final judgment of divorce, and it is the basis upon which the temporary order - legal separation - is made, so it is imperative that it include particular information and ask for proper considerations, such as possession of the home or family support. The petition includes a summons and a motion.

Timing In Filing Petition For Divorce

When the motion is filed, a date is set for the initial hearing, and that date is entered into the summons, which then must be served upon the other spouse. In some instances, the date and time of service are extremely important because they can determine jurisdiction.

Initial Divorce Hearing

At the initial hearing, the court will review the motions and their pleadings, and enter a temporary order. That order will include a directive regarding bank accounts, possession of the home, and support, as is applicable.

Waiting Period

Over the course of the next few months, and up to a year, motions may be filed with the court regarding legal matters between spouses. Wisconsin law provides a six-month waiting period, which can be adjusted in some cases, or a twelve-month waiting period if children are involved.

Resolution or Mediation

In Wisconsin, the courts prefer that all of the issues between the parties are resolved before the matter is set for trial. Those issues regard the property of the marriage, property owned before the marriage, property and assets acquired from an inheritance, custody of any minor children and support. If any issues are not resolved, then the court can either order the spouses into mediation, or provide resolution by court order.

Judgment of Divorce

The court will recite its decisions on the matters, and then enter a judgment of divorce, which is a longer detailed explanation of all of the issues resolved and a declaration that the marriage is terminated. Typically, if property is involved, the attorney of the person receiving the property will issue a quitclaim deed for the other spouse to sign.

Wisconsin Divorce Attorney

If you are contemplating divorce, want to know how the laws of the state of Wisconsin will apply to you and your divorce, or need to file an immediate application for divorce, please contact Attorney Kathleen Reiley (Kathy).