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Wisconsin Checklist for Contested Divorce or Legal Separation

State:
Wisconsin
Control #:
WI-SKU-0377
Format:
PDF
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Description

Checklist for Contested Divorce or Legal Separation

The Wisconsin Checklist for Contested Divorce or Legal Separation is a series of steps that individuals need to take in order to successfully complete the process of a contested divorce or legal separation in the state of Wisconsin. There are two types of Wisconsin Checklist for Contested Divorce or Legal Separation: the Standard Checklist and the Simplified Checklist. The Standard Checklist includes steps such as filing a Petition for Divorce or Legal Separation, providing notice to the other party, filing an Answer and Counterclaim, scheduling a Case Management Conference, attending a Discovery Conference, filing a Financial Disclosure Statement, filing a Settlement Conference Statement, and attending a Settlement Conference. The Simplified Checklist includes steps such as filing a Petition for Divorce or Legal Separation, filing a Joint Petition, providing notice to the other party, filing a Final Decree of Divorce or Legal Separation, and filing a Financial Disclosure Statement. Both checklists include the necessary steps to complete the process of a contested divorce or legal separation in Wisconsin, including filing documents, providing notice, and attending court dates.

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FAQ

Does Wisconsin Recognize Legal Separation? Yes, and the process is nearly identical to divorce. If you have lived in Wisconsin for at least 60 days, you may file a petition for legal separation with the court.

The court rules on the same issues as for divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Spouses are free to reconcile at any time.

Legal separation is a process that goes through the Wisconsin court system that results in a change in the marital status of both spouses. This means that, for purposes of marital property, accruing debt, and filing taxes, the couple is no longer considered to be married.

A contested divorce follows the standard divorce process. This means there is the initial filing, the service of the other party, a temporary hearing, a pretrial conference, a trial, and the finalization.

Can You Date While Separated in Wisconsin? Wisconsin doesn't restrict dating during separation, divorce, or even marriage. However, who you choose to date could impact child custody/placement decisions?especially if you choose to live with them.

Legal Separation in Wisconsin While some states require a period of separation for couples seeking to end their marriages, legal separation is not a requirement for divorce in Wisconsin. However, some couples may prefer to seek a legal separation in some instances.

In fact, legal separation takes as long as a divorce (average time, 8-10 months), and costs just as much. In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders.

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Wisconsin Checklist for Contested Divorce or Legal Separation