Even the most optimistic people have a hard time filing for divorce. A divorce is not just about ending the marriage but also about additional legal and financial implications. You probably know the basic dos and don’ts, and if you check the website of any popular law firm in Wisconsin, you may find additional information. For your help, here are five key things to know about Wisconsin divorce.
- Wisconsin is a no-fault divorce state. This simply means that you can initiate the proceedings and state that the marriage is “irretrievably broken”, which means that there is no chance of reconciling with your spouse. For instance, if you and your spouse have been living separately for 12 months, it can be a sufficient reason. You don’t have to accuse your spouse of misconduct.
- The residency requirements in Wisconsin are similar to many other states. Either you or your spouse must be a state resident for at least six months. Also, either of the spouses must be a resident of the county for 30 days prior to filing.
- Divorces can take time. In Wisconsin, there is a standard wait time of 120 days for getting a divorce. In the real world, divorces take much longer because couples often disagree on matters like child custody and the distribution of assets. A realistic expectation would be anywhere between six months to a year, while some divorces take much longer.
- You cannot marry right after your divorce. Yes, you read that right. In Wisconsin, both spouses are required to wait for at least six months before they can remarry again. If you were divorced in Wisconsin and married in another state before six months wait time is over, the marriage would be null and void. There are also fines and jail time involved.
- Either spouse can get maintenance in Wisconsin. Previously known as alimony, maintenance is granted by courts after considering many factors, including the length of the marriage. If you have been married for a really long time, you are more likely to get alimony. It again depends on other things like the spouses’ income and ability to earn.
Divorce is a huge step, and we would strongly recommend that you consult an attorney specializing in family law matters. They can advise you on how you can simplify the divorce and get a fair outcome, besides representing you in court, if required.