Learn How to File for a Wisconsin Divorce and Prepare for Court

If your marriage is not working out for some reason and you want to have it dissolved in Wisconsin, the process begins when you approach the court and file for divorce. Before anything else, it is best that you find yourself a lawyer. Even assuming that you and your spouse are agreed on seeking mutually agreeable solutions to end your problems, the process is still legal and there can be complications. You may not know what's best in the long run.

The lawyer may be useful at least in helping you make sure which court and jurisdiction the divorce petition should be filed with – the circuit court, superior court or the family court in your county or district. Otherwise, you risk the case being thrown out entirely.

What are Your Grounds for a Divorce in WI? Two Options Exist for You

You may either file for a ‘no-fault’ divorce (which means that both you and your spouse agree on the divorce and are not blaming each other) or an ‘at-fault’ divorce, wherein you or your spouse are holding each other responsible for the failure of the marriage.

If you are filing for a 'no-fault' divorce, you will need to make a call as to who will actually file the initial petition. The fact is, anyone can do this paper work – it does not matter who. On the other hand, if there is a disputed or an ‘at-fault’ divorce, it may make a difference which spouse is seeking a divorce, and who is being charged with violations of the conjugal relationship. The other party can always respond with counter-charges.

If your divorce petition is likely to be disputed, you may at this time also file papers for temporary custody and support if the two of you have children together.

Remember the Following

You must remember to keep proof of the service of process, which will be the evidence that a copy of the divorce petition and related papers have been served to your spouse or his/her lawyer. Remember to send the papers to the lawyer's office or in a civilized manner of reasonable privacy to your spouse. It is not wise to send it to the place of work, nor is it civilized. Divorce is your personal matter, so keep it that way.

According to divorce laws in the state, you can file for divorce only if the case qualifies under jurisdiction of the courts in Wisconsin. For this, you need to meet the strict residency requirements of the state:

•    Your spouse or you must be a resident of the state for a minimum of 6 months.
•    Your spouse or you should be residents in the county where you will file your suit for at least 30 days.
•    Wisconsin requires a waiting period of 120 days after the petition, joint or otherwise, is filed before the official date of the hearing.

Division of Property in Wisconsin

On division of property, the divorce laws in the state have provisions for a “Marital Settlement Agreement” so that the issues related to property distribution can be settled. The two of you are allowed to settle the matter by signing an agreement. In case you are both not able to come to an agreement, the court will decide on property distribution and the decision will be based on many variables, such as:

•    Differentiating individual as well as marital property
•    Deciding on the correct value of the community as well as marital property based on its market price
•    Fair and appropriate distribution of community and marital property--please note that the distribution may not be equal.

Divorce Mediation, Alimony and Child Custody in Wisconsin

If the two of you cannot settle issues of child custody, the divorce laws require both you and your spouse to opt for mediation. The state laws may require mediation also on questions of joint custody or a parental support plan.

The court will usually grant temporary or permanent alimony during the proceedings of the case according to the divorce laws in Wisconsin. Either of you or both can also receive maintenance for a specific or unspecified time as decided by a court.

All divorce courts in the state take into account a number of aspects while deciding issues of child custody:

•    Yours as well as your spouse’s wishes, and also that of the child
•    Child’s preference that can be communicated by himself/herself or mediated by a guardian
•    Relationship of the child with your spouse, you, with a sibling or someone else

In settling issues of child support, Wisconsin laws need the court to take into consideration the merits, financial situation, burden and other related factors.