You must be a resident of the state for at least 6 months and reside in the county you plan to file in for at least 30 days. The next step will be to file a petition, either jointly or separately. If you file alone, you will need to serve your spouse papers and submit that proof to the court. After that, a 120-day waiting period begins until a final court hearing can occur.

The court must find that the marriage is irretrievably broken by law. In most instances, this finding is based on the petition for the divorce, and testimonies from one or both parties at the final hearing.

If one party contests the grounds, the court is still required to make a finding that the marriage is irretrievably broken, as long as it finds no reasonable prospect of reconciliation.

The cost of each case varies significantly. Many factors need to be considered including, but not limited to,

• Number of hearings
• Types of issues included
• Nature of the assets of one or both parties
• Whether there is a guardian ad litem appointed to represent the children’s best interests
• Whether the parties have reached agreements on some or all issues

A petition is required to be served to the opposing party. If they want to, your spouse can sign an admission of service form. If they are not willing to sign an admission of service form, you will need a process server to personally serve them. A process server may be any adult but cannot be related to the action. In some counties, sheriffs will serve the other party when requested.

The length of divorce cases varies based on the factors of each specific case. With contested issues, this draws out the time it takes to finalize. At a minimum, the law requires parties to wait 120 days after the other party is served.

Yes. The law does not require any residency requirements following the commencement of the action. If the court has granted periods of placement to more than one parent, the law limits how far a party can move with minor children.

There is no law about when dating can begin. Both parties should be aware that significant relationships may affect certain orders, such as the placement of the children or maintenance. Circumstantial factors surround this topic, ask for advice from your attorney.

For divorce proceedings to commence, only one spouse needs to want the divorce. Both parties don’t have to agree for the court to find that the marriage is irretrievably broken. To get the process started, be sure to follow the laws about the proper legal service of the petition.

No. A party is not allowed to remarry within six months of getting a divorce. Any marriage within six months will be void.

This can be a frustrating process, but rest assured, there are ways you can proceed.

After multiple documented attempts, if your process server has been unable to serve your spouse or ex-spouse, he or she will publish a notice in a legal newspaper. The requirements of how and what to publish are unique to each county. Following your county's process is of paramount importance.

Also, pay close attention to the required time frame that you must serve within. In some instances, you may need to request an extension. If you miss the deadline, you will risk getting your case dismissed.

If both parties cannot agree on the division of their property, the presiding judge will make decisions to divide the property fairly. Ownership of the house will be determined based on a general approach, but many other considerations may impact the decision.

It is important to know that marital property in Wisconsin is divided 50/50 because it is a community property state. Property that was inherited or given as a gift to an individual spouse can often be excluded from the community property division guidelines. Other considerable factors that can impact property division include:

• Length of the marriage
• Property brought in by each spouse
• Earned income
• Education
• Health
• Various other components

Hiring an experienced attorney who consults with you to understand what is most important to you and has your best interest in mind is important to your outcome!

Legal annulments are rare because they are only granted for very specific reasons. Below are the grounds for annulment in Wisconsin. A party has to meet at least one of these for a judge to consider annulment.

• A party could not consent to the marriage, because of age, mental incapacity, or the influence of drugs or alcohol
• A party was induced to enter the marriage by force, duress, or fraud within one year of obtaining knowledge of the fraud
• A party lacks the physical capacity to consummate the marriage by sexual intercourse and this was not known by the other party
• The marriage is prohibited by law