Marriages require work and effort, and yet, despite the good intentions, some marriages fail. If you and your spouse have separated with no chance of reconciliation, you should consider filing for divorce. Consider talking to a few best-rated divorce lawyers Appleton to know the process because your circumstances are unique. Below we have answered some key questions related to divorce in Wisconsin.
How to start the divorce process?
First and foremost, you need to consider whether you want to file a joint petition for divorce. Either spouse can also initiate the proceedings in Wisconsin. If you need a temporary hearing, you will need to fill out the right forms. Depending on the county you live in, you may have to sign a summons and a petition along with other forms. You can also consider eFiling, which could be a lot easier with an attorney on your side.
How quickly can you get divorced?
In Wisconsin, there is a window of 120 days before the final hearing. If the county court is burdened with numerous divorce cases, the waiting period could be longer. Your divorce-related paperwork needs to be immaculate, as any mistakes in the forms could delay the process further. Contested divorces take much longer than uncontested divorces, often taking as long as two years.
Should you file for divorce first?
Because Wisconsin is a no-fault state for divorces, there is no way you can gain an advantage by filing for divorce first. If you and your spouse agree that the marriage is “irretrievably broken”, it is always better to file a joint petition for divorce. You can resolve all key matters and file a Marital Separation Agreement with your spouse.
What if your spouse refuses to cooperate?
Either spouse can file for divorce, and the other party cannot legally stop them from doing that. If you filed for divorce and have successfully served the papers, your spouse will have 20 days to file a response. If they refuse to cooperate or do not respond, you can still get a default divorce.
Get a divorce lawyer
You need an advocate on your side. Don’t merely hire any random lawyer, but look for someone specializing in family law. Ask the attorney if they take divorce cases regularly in their practice and, more importantly, if they have the time for your case. If you are in disagreement with your spouse on key matters, your lawyer can help mediate and resolve issues.
