Wisconsin is a no fault state when it comes to divorce, meaning that either spouse can petition for a divorce if they believe the marriage has become irretrievably broken, that the marriage can no longer be sustained.
The Time it Takes to Get a Divorce in Wisconsin
The state does require that couples observe a period of 120 days of separation before filing a petition of divorce, thus providing time for contemplation and possible reconciliation. After the cooling off period, either spouse can file a divorce petition, serving notice to the other spouse, and begin the divorce proceeding. Divorces typically take anywhere form 6 months to a year depending on the unique circumstances of the case.
Marital Counseling Before a Divorce
Unlike other states, Wisconsin does not require a married couple to attend marriage counseling to get a divorce. However, a court may recommend counseling, setting aside a period of time for a couple to take advantage of counseling before starting the divorce proceeding, whether the parties decide to attend or not.
Filing for Divorce First
Those considering divorce often wonder if filing for divorce first has any advantages. Other than being able to set the timeline and have a say in the venue, the answer is that filing for a divorce first will not have any bearing on the proceeding in terms of material questions of law.
Wisconsin Marital Property Division
Marital property in Wisconsin, a community property state, is subject to a 50/50 split, although sometimes the length of the marriage and whether there is separate property will factor into the division of property. Couples will need to decide how to equally divide marital assets such as a house, car, furniture, retirement accounts and more as well as how to divide marital debt.
Wisconsin Alimony
Spousal maintenance can bridge the gap for financially dependent spouses who may not have earned income while taking care of kids. The length of the marriage factors into the level of maintenance, with shorter marriages resulting in temporary or rehabilitative support until a lesser earning or unemployed spouse is able to obtain a level of financial stability while permanent spousal maintenance is reserved for marriages of longer durations.
Wisconsin Child Support
Child support and custody go hand in hand in Wisconsin. The parent with primary custody receives financial support ensuring both parents contribute to the support of the child. Covering variable costs such as child care, tuition, or other activities are addressed as part of the divorce settlement so that both parents share in the financial responsibility of providing for the best interests of the child.
Contact an Experienced Divorce Lawyer for Help Today
There are many issues involved in a Wisconsin divorce from child custody to marital property division. If you are considering a divorce, you likely have many questions. Contact the Probst Law Offices S.C. for more information today.