Timeline for Uncontested Divorce
Not every divorce is a drawn out legal battle, with both sides hunkering down for the long haul, poised to fight. Some spouses agree that divorce is the best path for them to take. They may even agree on some of the major aspects of their divorce settlement, such as child custody and spousal maintenance. Wisconsin courts allow for uncontested divorce, a process by which the couple presents their agreed upon divorce settlement at a hearing before a judge instead of going to trial and having a judge decide their unresolved issues.
When spouses agree on divorce
Spouses that are in agreement that they want to divorce – called an uncontested divorce – may file a Joint Petition for Divorce. After the petition is filed, a date is scheduled for a hearing to finalize the divorce, which must be at least 120 days after the original petition for divorce is filed.
Major issues that must be resolved by spouses
The divorce process involves addressing several key components of your married life, including child custody and support, and division of property. In matters of divorce, it is important to know your rights under the law, your obligations under the law, and to understand the long-term consequences of each of the terms of your divorce agreement. Couples filing for divorce must address major issues, including:
• Child health and dental insurance coverage
• Division of property, including personal property and real estate
• Any additional issues related to the marriage
If a couple is in agreement on the terms of the marriage settlement, their divorce attorney will prepare a Marital Settlement to be presented at the hearing.
Before filing a joint divorce petition, spouses must meet the residency requirement for divorce in Wisconsin. One or both spouses must have been a resident of the state of Wisconsin for at least six months — and a resident of the county in which they are filing for at least 30 days — prior to filing the petition for divorce. The Wisconsin courts require a mandatory waiting period of 120 days before the petition to divorce may be granted.
Thinking of filing for divorce? We can help
Divorce is a complicated process that can be emotionally draining. If you and your spouse are in agreement that divorce is in your best interests, an uncontested divorce in Wisconsin can save you the stress of bringing any unresolved issues to trial. If you and your spouse are contemplating divorce, we can help. At the Milwaukee family law firm Bandle & Zaeske, LLP, our experienced divorce attorneys understand every marriage is unique and personal, and coming to agreement on important matters can be particularly challenging. We guide couples with compassion and skill, protecting your interests and helping you to reach the best possible outcome in your divorce. Arrange for a consultation with one of our family law attorneys. Contact our office at 414-359-1424 or contact us online.