Wisconsin divorce 101: All you need to know

Your marriage is over, and it’s time to file for divorce. Wisconsin is a no-fault state. You don’t need to accuse your spouse or prove misconduct to get a divorce. The process is fairly simple, although some divorces take longer than a year because the separating spouses just cannot agree on key matters. Pressing and important issues in a divorce include the distribution of marital property, maintenance, child custody, and child support. You can always learn more when you hire an attorney, and for your help, we have shared some key facts below. 

Residency requirements

Most states have residency requirements for divorce, and Wisconsin is no different either. Either spouse can initiate divorce proceedings without the consent of the other spouse. One or both of the spouses must have lived in the county (where the divorce is being filed) for at least 30 days immediately before filing. Also, either one or both sarms side effects parties must be a resident of the state for six months. 

Separation is not mandatory

Just stating that the marriage is irretrievably broken is a reason enough to get a divorce in Wisconsin. You don’t have to be separated for a specific period to get a divorce. 

Wisconsin is a community property state

This means that assets in a marriage are divided equitably between the spouses. If you and your spouse can decide to split assets amicably, you can do so, or you can let the court decide. It’s important to understand that equitable distribution may not always mean equal. 

The length of the marriage is important

If you have been married for more than ten years and are seeking maintenance, you are more likely to get it compared to a person who has been married for a year. The length of the marriage is also important for property division. If you have been married for a long time, assets are likely to be counted as marital properties. 

Get an attorney

Divorces involve complex legal matters, and it only makes sense to get an attorney on your side. Even if you believe that your spouse would agree to the divorce and key matters, you still need an attorney to represent your side. There are many aspects like child custody and asset distribution that need more discussion, and only an experienced attorney can advise you accurately. 

Most divorce lawyers in Wisconsin charge anywhere between $200 and $500 per hour of work, and you don’t need a fortune for a simple divorce.

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