You may know that the time for divorce has come but the thought of filing can leave you feeling confused and overwhelmed. Navigating the complexities of the divorce process can be challenging while you are also working through the emotions a divorce brings.
Understanding the basic steps in the Wisconsin divorce process ahead of time can help you learn what to expect going forward.
Preliminary requirements
First, you must meet certain requirements to file for divorce. Wisconsin law states that you must be a resident of Wisconsin for six months and the county that you file in for 30 days before you file.
You can file a divorce petition jointly with your spouse or you can file it on your own. You do not need your spouse’s permission to file a divorce petition. However, if you file on your own, you must serve your spouse with the divorce petition and provide the court with proof of service.
Serving your spouse
You must serve your spouse no more than 90 days after you file your divorce petition. Service can be accomplished in various ways. You can have your spouse served by your local sheriff’s department or a professional process server.
You can have a third party, such as a family or friend, serve your spouse. This option is typically not recommended, since proving service can be more difficult and involving others in your divorce proceeding is rarely a good idea.
If your spouse knows you filed for divorce, they can accept service themselves and fill out an admission-of-service form, which is filed with the court.
Temporary hearing
Once your petition is filed, there is a 120-day waiting period before a final hearing can be held and your divorce becomes final. If there are issues that you need to address within the 120-day period, you can request that a temporary hearing be held.
A temporary hearing is typically held within a few weeks after your spouse is served. The purpose of a temporary hearing is to put a temporary court order in place addressing issues such as child custody, property division and any other matters that must be handled prior to a final hearing.
Pre-trial conference
Between a temporary and final hearing, a court might require a pre-trial conference. This is a chance to meet with the judge prior to the final hearing and provide them with an overview of where you are at with your case.
If you have no disputes, you could potentially finalize your divorce at the pre-trial conference. Your agreement will be memorialized through a marital settlement agreement.
The marital settlement agreement is a written document outlining the terms of your divorce. In addition to a marital settlement agreement, you and your spouse must submit a financial disclosure, a document listing all assets and debts.
Financial disclosures are often submitted earlier in the divorce process, since they allow spouses to obtain a view of the overall financial picture to aid in divorce negotiations. If you and your spouse have minor children, you will also be required to attend a parenting course before your divorce is finalized.
Final hearing
When there is no agreement on issues, your divorce is scheduled for a final hearing. This involves a judge issuing final orders on any issues you cannot resolve between yourselves.
A final hearing requires thorough preparation and submission of virous documents. Once your final hearing is over, a judge grants your divorce. You must abide by the terms of your marital settlement agreement or face a contempt finding from the court.