The Wisconsin Basic Guide to Divorce — Generic Version is a comprehensive guide to the divorce process in Wisconsin. It provides an overview of the legal process, including topics such as residency requirements, grounds for divorce, dividing assets and debts, child custody and support, and more. The guide also includes forms and instructions to help you complete the process. The guide is available in two versions: the Generic Version and the Local Circuit Court Version. The Generic Version is a one-size-fits-all guide that is applicable to all Wisconsin counties. The Local Circuit Court Version is tailored for each county, and provides county-specific forms and instructions.
Wisconsin Basic Guide to Divorce - Generic Version
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Basic Guide to Divorce - Generic Version
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FAQ
The quickest and least-expensive route to uncontested divorce in Wisconsin is to reach a comprehensive agreement with your spouse before you file a joint divorce petition.
A typical Wisconsin divorce takes six months to one year to finalize. After you file for divorce and papers are served, there's a mandatory 120-day waiting period before the final hearing. A standard Wisconsin divorce may take up to one year or more to finalize due to disagreements or scheduling issues.
Wisconsin divorce filing fees vary by county, but the cost of filing for divorce is typically around $200. For example, the Milwaukee County divorce filing fee ranges from $188 to $198 depending on the type of action.
Can I just hand the papers to my spouse by myself? This is not recommended and may not be proper service. The other party must complete an Admission of Service, sign it, and give it back to you to turn in to the court.
An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action.
Wisconsin is considered a community property state. This means all marital property and assets will be divided 50/50 in the event of a divorce, legal separation, or annulment. Property gifted to an individual spouse or property inherited by each person may be excluded from the 50/50 division.
If you have a written settlement agreement about all or some of the issues in your divorce, you should attach that to the petition. Your signature on the divorce petition must be notarized. With a joint petition, you and your spouse may sign at different times, as long as each of you signs in front of a notary public.
How long does uncontested divorce take? An uncontested divorce can be done as quickly as allowed by statute. A court cannot grant a final divorce judgment until four months after the filing of a divorce proceeding. As such, the uncontested divorce process must take at least four months for the date of filing.