Filing for a divorce in Wisconsin – Things you need to know

Sometimes divorce brings peace and clarity. So, when your divorce gets finalized, you might have peace and clarity by your side. Divorces are physically and mentally very tiring. It comes with several stress factors. So, do you have a separation at hand that you need to address legally? If yes, there's ample work to do. And before you step on to it, you are required to take a few crucial steps to ensure that everything happens in perfect order.

Have you already been through the divorce process? Or are you all set to make a long-term plan much before the starting? In both the cases, there’s a list of things that you need to address and take note. And this list varies from one place to the other. So, are you presently in Wisconsin? And will your divorce take place here? If yes, then here what to expect with divorce in Wisconsin that will help you to plan better.

Divorce in Wisconsin – Important facts to know

1. What are the grounds of a divorce case in Wisconsin?

It's essential that the court is convinced that marriage between two people gets broken. And this finding sources from divorce petition. Also, there should be a testimony of either or both people during the final hearing. Just in case only one party raises the ground, the court will have to go ahead and find whether indeed the marriage is null and void in real terms. Only then can the other legal proceedings take place.

2. How much does a divorce cost?

Legal cases are known to be lengthy and costly! The same is applicable for a divorce case. And since every divorce case is separate, the expense is different. Usually, the cost depends on several aspects. Some of which comprise of the total number of the hearings, the kinds of issues that get added, the asset nature of either or more parties and many more. Getting divorced in Wisconsin will differ from other places purely based on these reasons. Once you calculate the same, you will know the actual cost and will be able to plan it accordingly.

3. Do you need to appoint an attorney in Wisconsin?

Since divorce is a legal matter with legal court hearings taking place in court, hiring a divorce lawyer is imperative. And it’s a smart call to appoint an attorney from Wisconsin. Local attorneys are of real help than one located at a distance. However, before you arrive at a decision, it is essential that you come across multiple divorce lawyers and attorneys. Go ahead and attend the initial client and attorney counseling session. It will help you realize what the lawyer is all about. You will get to know if he/she can address all of your divorce requirements and proceed with the case at hand.

The expense varies on many accounts. For instance, it is costlier to appoint a counsel after trying to solve an error than selecting a lawyer during the divorce for addressing all the issues that crop up.

4. Will the Wisconsin court accept divorces depending on the marital fault?

It might appear difficult, as Wisconsin is known to be a "No fault" state. Hence, the answer is no.  The basis of divorce for a particular couple might not take finding fault as a core ground. However, the party's misbehavior will in all possibilities impact the maintenance reward, property division, as well as the placement and custody determination, based on the way misconduct, had affected the family.

5. Will you be able to do a name change during the divorce process?

The Wisconsin court might order a name change as its verdict. However, most of the times, the difference is all about getting back to the old surname.

6. Will, you get maintenance or have to provide the same to your spouse?

Many factors decide if the maintenance is apt. A couple of important factors concerning the court are generally the duration of the marriage, the earning gap when the divorce is taking place. It also depends on the health and age of either both the parties involved in the divorce.

7. Are you liable to get an annulment in Wisconsin?

In Wisconsin, the legal annulments get provided for very particular reasons. Here the court might give a divorce when it finds any or a couple of the following statements to be true:

• A person didn’t have consent in the marriage, owing to mental incapacity, age or was under the impact of alcohol and drugs.
• The person concerned was forced to marriage, owing to some fraud or duress within a year of getting to know about the scam
• The alliance has got prohibited by law.

Furthermore, in situations where the court is not able to provide a legal annulment, both the partners can opt-in for an annulment through the church, other than divorce.

8. When will you be able to file a divorce in Wisconsin?

You can file a divorce anytime you want to. Your residence requirements should be met. Also, the moving party will be able to state an under oath that marriage got broken beyond retrieval. 

9. When will your divorce case get over completely?

The duration of your legal case will depend on several factors. However, it will most importantly be dependent on the count and type of the contested issues along with the court's timetable. Going by the standard law or norm, both the partners involved need to wait approximately 120 days after they have filed for a divorce and are awaiting judgment. It is the minimum time that an individual will have to wait. There can be delays based on other factors.

10. Do you need to go to a court in Wisconsin?

Both the partners are required to be there at the court to witness the final hearing. Additionally, there can be other temporary hearings from time to time. Based on the progress of your case, you need to be present here from time to time.

If you are filing your divorce in Wisconsin, these are a few factors you need to be aware. To start with you can refer to the points discussed above. Additionally, you can also depend on your divorce attorney to update you on all these and other aspects.