The dissolution of a marriage through divorce is often a complex process involving personal matters and financial considerations. When you want to know how to get divorce in Wisconsin, a step by step guide is a good starting point to understand the process.
Like many states, Wisconsin offers “no-fault” divorce, which means neither party has to prove the other has caused their marriage to end.
The outline below explains the steps in a divorce in Wisconsin. Call Kaminski & Pozorski, divorce attorneys or use our online contact form for more information and assistance. We serve clients throughout Northeast Wisconsin.
Divorce is a complex legal process that is different in each case. But, in general, divorce in Wisconsin proceeds as follows:
The next step in how to get divorce in Wisconsin is to obtain an absolute divorce. To reach this final termination of marriage, one spouse must file a divorce petition with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client. The county Sheriff (or a deputy) will then serve the divorce petition upon the other spouse.
Upon filing for a divorce, such factors as child support, spousal support, child custody and asset division come to the fore. Decisions and creation of agreements such as a child custody agreement in each of these areas should be made before a divorce goes to court.
If you and your spouse are engaging in an amicable divorce, you may choose to enter into mediation. In some cases, the court will order mediation. During mediation, a mediator helps facilitate you and your spouse through issues, making you aware of the law along the way, so you can find common ground on the agreements to end your marriage. Mediation can mean the difference between a lengthy, expensive and public court battle and a timely, cost-efficient and confidential resolution to your divorce or separation
A judge hears testimony and arguments and then makes the decision for final divorce orders that she or he thinks are best for each individual. A judge will take recommendations from each spouse’s attorney before making a decision, but the judge’s decision is final. This is why it is best, if possible, to have matters resolved before heading to court.
During the process of reaching a divorce, you may choose to negotiate and enter into a separation agreement with the other party to settle matters such as alimony, division of assets, child custody and child support. It is often reached during mediation. Once this agreement is signed it must still be approved by the court at the time of final hearing. If you choose to enter into a consent order as part of your divorce, this agreement can be enforced the court through the use of its contempt powers. Keep in mind: Any terms in the agreement dealing with child custody and child support can be modified by a court if the court finds the terms do not serve the best interest of the child. However, unless it is proven otherwise, Wisconsin courts will presume that the agreement’s terms are fair, reasonable and serve the child’s best interest.
When you want to know how to get divorce in Wisconsin, turn to us for help. We’ll guide you through the process so that you are well protected and can move on with your life. In most cases, either spouse in a divorce will benefit from experienced legal guidance, the Manitowoc divorce lawyers of
Kaminski & Pozorski believe. A skilled divorce attorney can protect your best interests and help you avoid personal and/or property matters that may cost you money down the road. Contact
Kaminski & Pozorski at
920-684-6694 today.
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221
Phone: (920) 684-6694
Address: 846 North 8th Street Manitowoc, WI 54220
Other Address: P.O. Box 609
Manitowoc, WI 54221