Tuesday 15th October 2019,
Grm Law Firm

How Divorce in Wisconsin Works

How Divorce in Wisconsin Works

There are many reasons why a marriage fails. The separation of the spouse can be brought about by the infidelity of one of the parties or the failure of one of the spouses to fulfill the essential marital obligations. Sometimes, a relationship fails simply because the couple have fallen out of love for each other. One day, all the love they have is lost and it is replaced by hatred and resentment. They start to realize that whatever they do, the marriage would no longer work out.

In Wisconsin, the state recognizes a no-fault divorce. This means that neither the wife nor the husband needs to prove the existence of infidelity, desertion or failure to perform essential marital duties. Either of the party to the marriage can institute an action on the ground that they are no longer in good terms with the other spouse. The commencement of an action is made upon the filing of a petition in the court with proper jurisdiction. There is a need to comply with the notice requirement wherein certain documents must be forwarded to the adverse party within 90 days. This period may be extended upon the filing of a proper motion in the court where the case is pending.

In most instances, a Wisconsin divorce case last for around six months to one year. The period for hearing depends on the facts and circumstances of each case. If a party contests the divorce, it will usually take longer. Under the current state laws, the court needs to observe a 120-day waiting period before a divorce becomes finalized. The purpose of the said law is to give the parties an opportunity to rethink about getting a divorce and give way for a possible reconciliation.

Even if Wisconsin allows a no-fault divorce, it is still imperative for a particular party to hire a good divorce lawyer to handle the case. It is necessary to ensure that all substantive and procedural laws are complied with. The assistance of an attorney is essential, as it will fast track the proceedings. Moreover, the said legal counsel can give a sound advice on how to go about with the divorce and other related claims such as child support, child custody and alimony. Do not worry about any communications made to your lawyer as all information obtained by him in his capacity as an attorney is protected by the attorney-client privilege rule.

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