Wisconsin operates as a no-fault divorce state. This means you are not required to demonstrate fault on the part of either spouse for initiating the divorce. Furthermore, there is no requirement that the parties live apart for any period of time before a divorce may be sought. It is important to be aware, however, that there is a 120-day waiting period before a divorce may be granted after it is filed.
How Do I File For Divorce in Wisconsin and What Will The Divorce Process Be Like? Here is a general process for divorce:
- Step 1. A divorce action begins with the filing of a “Summons and Petition for Divorce” with the court.
- Step 2. After filing, the pleadings must be served on your spouse.
- Step 3. Your spouse may file a “Response and Counter-Claim.”
- Step 4. Temporary orders are entered two to six weeks after the divorce paperwork is filed with the court, if requested by the parties. The temporary orders provide direction for how financial and child matters will be handled during the pendency of the divorce proceedings, including granting temporary spousal support, determining who will live in the home, determining how bills will be paid, and deciding on temporary custody and physical placement.
- Step 5. A pretrial hearing is held approximately four to six months after the divorce paperwork is served. We may be able to complete the divorce at this hearing; however, if there are issues that remain in dispute, a trial date will be set.
- Step 6. If a settlement is reached before the trial date, a stipulated “Marital Settlement Agreement” will be provided to the court.
- Step 7. If all the issues are not resolved, a trial will be held before a family court judge and the remaining disputed issues will be presented to the judge to decide.
Don’t Face Divorce Alone: Our Expert Divorce Lawyers Are Here for You!
We will be by your side every step of the way and will fight to protect your legal interests. For a no-obligation consultation with one of our divorce lawyers at Doar, Drill & Skow, call 877-890-3521 toll-free or contact us online. Located in New Richmond, we serve clients throughout western Wisconsin.
