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How do I file for divorce?

| Dec 11, 2018 | Family Law |

If you feel your marriage is over, then you should consider filing for a divorce in Wisconsin. Filing your petition requires working with the court. According to the State Bar of Wisconsin, the first move is to file a petition for divorce, which includes a summons that asks for a response to the petition. Your spouse has 20 days to respond to your petition, which outlines why you want a divorce and what you would like in regards to property, custody and other matters.

You should note that you must live in the state before filing for at least six months. To file in a specific county, you should live there for at least 30 days before you file. Also, do understand the only grounds for divorce is irretrievably broken, which means you are unable to work out the issues in your marriage and you no longer want to be married.

The divorce process typically takes a minimum of four months from start to finish. However, there are many things that could prolong the process, such as issues coming to an agreement about support payments or the division of property. More complex or high asset cases may also take longer. You may qualify for a default divorce. This occurs if you and your spouse are in complete agreement about the terms of your settlement. You do have to wait for the four-month minimum, but the court usually issues a judgement as soon as that waiting period is over.

The divorce is not final until the final hearing. This information is for education and is not legal advice.