Frequently Asked Questions About Divorce in Wisconsin
When you are considering divorce it is normal to feel confused. Due to legal jargon, family law can feel very complicated. We put together some of the most frequently asked questions about divorce in Wisconsin to help answer these general questions.
Frequently Asked Questions About Divorce in Wisconsin
Before we go through these frequently asked questions about divorce in Wisconsin, remember to talk with an attorney before you make any major legal decisions.
Q: What are the grounds for divorce in Wisconsin?
In Wisconsin the court must find that the parties have “irretrievably broken” their marriage and that the there is no chance of reconciliation.
Q:What is the difference between a divorce and a legal separation?
The testimony is different. After the final hearing of a divorce, two people are single. They can remarry six months after that final judgment. In Wisconsin, at the final hearing of a legal separation, the court must find that the parties have “broken” their marriage but not “irretrievably.” There may be a chance of reconciliation. After the hearing, they are not single. They are also not married. They are legally separated and may not marry anyone but each other.
Q: How long must you live in Wisconsin before you can file for divorce?
One spouse has to reside in Wisconsin six months before filing any divorce papers.
Q: How does one start a divorce action?
The first step in the divorce process is filing a petition for divorce. If they file together, they will use a joint petition. The petition lets the court know that one or both parties want a divorce. It provides the court basic information such as their names, addresses, when they were married, and where they live and work. The petition will also state the children’s names and basic information. If the parties do not file jointly, then the petitioner must file a summons and petition. They must legally serve their spouse.
Q: How long does it take to get divorced?
There is a mandatory 120-day waiting period in Wisconsin during which your divorce can not be finalized. If you and your spouse have a written agreement on all issues in your divorce you can finalize your divorce following the 120-day waiting period. If you and your spouse do not have an agreement, the time frame will vary based on how long to come to a settlement. Once you have agreed, it may take more time to get a final hearing in a more populous county.
Q: What is a guardian ad litem?
A guardian ad litem is an attorney the court appoints to represent the best interest of the children. The guardian ad litem may fully participate in any hearing before the court and may make recommendations regarding custody, visitation and child support. They will advocate for the best interest of the children.”
Q: May a woman use her former name after a divorce?
If a woman wants to resume using her maiden name or a former legal name, the court will restore it. If she wishes to continue to use her married name, she may do so.
Q: What is a Temporary Hearing?
A temporary hearing will determine how to share your children on a temporary basis. The court will also determine financial issues such as maintenance, child support and debts. This will be the Court Order both parties will follow until the final divorce hearing or they have another temporary hearing. A Family Court Commissioner will preside. If one party feels the court decided wrongly, they can request a do over called a “De Novo” within 30 days so that a judge decided the same issues.
Q: What issues doe the court address at a temporary hearing?
At the hearing you will tell the Family Court Commissioner what you want the court to order regarding children, who temporarily lives in the home and financial issues until you finalize your divorce. If you have children, the commissioner address legal custody, placement and child support. The comissioner will also address maintenance, debts, medical expenses, property (real estate, vehicles, and personal items), and taxes.
An attorney isn’t your only option. Consider mediation.
In Mediation, a trained neutral mediator in dispute resolution techniques helps parties find a settlement for their issues. They will facilitate the discussion but the parties themselves will decide how to settle their issues.
Couples only need to agree that they want to try mediation. They do not have to agree on anything else. In fact, they can disagree on how to divide their property, how to share their children and every other issue. When people settle their issues before issues it can hurt the process. Once you agree, we’ll set up a date for your first session.
Lisa Derr
Lisa Derr is an experienced Divorce and Family Mediator with three offices in east central Wisconsin. She started the family mediation practice in 1995. Lisa earned her BA in psychology from the University of Wisconsin in 1984 in four years despite a serious car accident that involved a 2-month hospital stay. She began practicing law in 1987. For the first 8 years of her career, Lisa litigated personal injury and divorce cases. But she was frustrated with the tremendous financial and emotional cost of divorce trials. Contested hearings inhibited reconciliation and healing for thewhole family. She started the Beaver Dam divorce mediation practice in 1995 and with her partner, Cassel Villarreal, expanded to Oshkosh and West Bend ten years later.