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Wisconsin
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Wisconsin Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Wisconsin Residency Requirement
According to the Wisconsin Divorce Laws and Wisconsin Divorce Guidelines,
to get divorced in Wisconsin, one of the spouses must have been
a resident of the state for 6 months and of the county for 30 days
immediately before filing the case
Time To Divorce
There is a waiting period of 120 days after filing the Wisconsin
Divorce Forms and Wisconsin Divorce Papers before a hearing on the
case will be shceduled.
Place of Divorce (Venue)
The case may be filed in:
County where one of the spouses meets the residency requirement
Simplified or Special Divorce Procedures
The spouses may file a joint petition for
divorce in which they both consent to personal jurisdiction of the
court and waive service of process. A copy of a guide to Wisconsin
Court procedures for obtaining a divorce is to be provided to the
spouses upon filing for divorce. In all cases, a financial disclosure
form must be filed. Also, in cases in which both spouses agree that
the marriage is broken and have agreed on all material issues, the
case may be held before a family court commissioner.
Wisconsin Grounds for Divorce
Grounds for divorce:
(1) Irretrievable breakdown of the marriage
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Wisconsin, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Wisconsin divorce guidelines and Wisconsin divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as Wisconsin property distribution, Wisconsin child
support, or Wisconsin child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Wisconsin
divorce guidelines and Wisconsin divorce
laws, is a divorce where the other spouse doesn’t sign the Wisconsin
Divorce forms or Wisconsin divorce papers, he/she doesn’t do anything
at all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Wisconsin
There are only three basic procedural steps to a divorce:
- File Wisconsin Divorce Papers (Wisconsin
Divorce Forms)
- Notify Spouse of your filing for divorce
in Wisconsin
- Attend your Wisconsin divorce hearing
Wisconsin Child Custody
Simple Definitions: (source: Wisconsin divorce guidelines and Wisconsin
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Wisconsin Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Wisconsin
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Wisconsin Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Wisconsin Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Wisconsin divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Wisconsin.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Wisconsin.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Wisconsin often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Wisconsin, fees must usually
be paid when you file the Wisconsin divorce forms and Wisconsin
divorce papers at your county courthouse. These fees vary between
County to County, so it is best to call them and ask what the
fees are in your County. Regardless of whether you are going through
a divorce service, using a Wisconsin divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Wisconsin, you will almost always be the one to cover the court
fees which is standard procedure.
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 Divorce
- Easy as 1-2-3 |
| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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box. The FREE Divorce Booklet is NOT Legal Advice. It is
intended to give you a general understanding of how the divorce
process works. Also, to help you in choosing the method of
how you want to do your divorce forms and papers.
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