These responses are classified as. If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has abdicated any right to participate in the case. The judge will probably grant many, if not all of the requests regarding child custody, support and property distribution in the petition.
If your spouse files a Response with the court within 20 days of service, but agrees with all of the details in the petition, this is considered an uncontested dissolution. If your spouse files a Response and Counterclaim which disputes various aspects of the Petition, then the court will likely have to step in and make decisions regarding contested issues. If you change your mind and withdraw your original Petition for Divorce, the judge may still grant a divorce based on the Counterclaim.
If both parties cannot agree on the major issues in a divorce—property distribution, child custody or spousal support—you will probably need to hire an attorney to represent you in this complex divorce proceeding. If you and your spouse can agree to an amicable settlement before or during the divorce procedure, it will dramatically reduce the cost and emotional stress related to the divorce. That is why it is in your best interests to do everything possible to resolve any major conflicts with your spouse prior to engaging in a divorce.
By filing a Joint Petition for Divorce, you sidestep any expensive legal proceedings and can conclude the divorce without an attorney. The state of Wisconsin strongly encourages couples who are considering a divorce to use mediation services.
Mediators are independent, neutral professionals with expertise in resolving personal issues. Although they may not have the legal authority to force a couple to forge an agreement, they are usually quite capable of providing useful information and solutions.
A court may appoint or recommend a mediator prior to or during a divorce proceeding. Mediation is typically more cost effective than a divorce trial. In cases where you and your spouse cannot agree on major issues, the judge will proceed to a trial.
This trial may last a single morning or several days. The major points of contention in most divorces involve issues of property division, child custody or spousal support. If you and your spouse fail to come to an agreement on these issues, you should know how Wisconsin divorce law often rules but also consider working with a divorce mediator to help you both come to an agreement. After your spouse returns them, you file in your local county court. If both parties state that the marriage is irretrievably broken, or if they have lived apart continuously for 12 months or more prior to the commencement of the action and one spouse has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken.
If the spouses have not voluntarily lived apart for at least 12 months prior to the commencement of the action and if only one party has stated under oath that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing and the prospect of reconciliation.
Once the divorce paperwork has been filed in court, it takes at least days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment.
You control revisions and reprintings as necessary. In Wisconsin, a divorce hearing is typically required. A short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of the property settlement, custody, visitation and support that are ordered as part of your divorce. If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide.
Learn more about divorce hearings in Wisconsin.
It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Wisconsin. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Will I be able to address our retirement accounts? You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. Once again, a few questions inside your account deal with the disposition of the marital home.
All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership. A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time.
These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet. We provide Wisconsin Child Support Worksheets inside your account.
Forms can be found here. If I need an attorney, how do I find one? You can find a wide range of divorce forms on the Wisconsin Courts website. Please click here if you are not redirected within a few seconds. This is true even if one spouse intends to continue his or her ownership of the business. Request for Court-Ordered Mediation A party who is having problems concerning a legal custody or physical placement issue may use this form to request an order from the court that would require the parties to participate in mediation of those issues.
These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines.
The information that you provide on that form is certified by you.
Your attorney does not certify the financial data, nor the reporting of that data. When you sign the form, you are telling the court that you certify it to be accurate. However, you should provide a copy of the form to your attorney before the date of your last court appearance. Attorney Reiley focuses her law practice in the area of family law , handling legal separation , divorce , cohabitation , same sex marriages and divorces , child custody , legal custody , physical placement of minor children , child support , spousal support , paternity , marital property issues , and guardianships.
With more than thirty years of experience in family law, Attorney Reiley has also participated in the Dane County Bar Association Mediation Project since its inception. Attorney Reiley offers mediation services and divorce mediation , as well as collaborative divorce , cooperative divorce , contested divorce , litigated trial divorce , stipulated divorce , uncontested divorce , divorce of elderly spouses , spousal support alimony , extensive real estate matters involved in divorce , post divorce modifications and actions , and child support modifications.
To speak with Attorney Reiley regarding your situation, please call her or send her an email. Call Now!