Wisconsin Divorce Procedures

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Everyday a considerable number of divorce cases are filed in many countries around the globe. Serious factors like adultery, domestic violence, insanity, monetary issues, etc. lead to the breaking of the sacred institution known as marriage. In USA everyone in two marriages end in divorce. So, a lot of couples are facing the issue of divorce, today. USA is a vast nation and it has formed varied laws for its states. All the 50 states in USA have their own statutes pertaining to domestic relations.

A divorce case has different aspects. Neither all procedures address to any single aspect, nor a single procedure can resolve all the issues. That is why a number of processes are developed to address all the issues faced by the separating couple. Here we are going to discuss some important areas of a divorce case in Wisconsin such as Joint Petition, the process of Service, Waiting Period, etc.

As per the divorce laws in Wisconsin, if there is consensus amongst the divorcing-couple, then they can file a Joint Petition. If this sort of Petition is filed, none of the partners have to be served the divorce papers and consequently any Response is not required. When such a procedure begins, the partners are called as Joint-Petitioner Wife and Joint-Petitioner Husband.

Wisconsin Divorce Procedure about Service

If the divorcing partners cannot co-operate regarding the issue of filing a divorce case, any one partner may initiate the procedure by filing the necessary documents with the court clerk. These documents are:

  • Petition
  • Summons

These documents are then served to the Respondent. As per the law in this state, the above two documents must be served to the Respondent within sixty days of the filing date.

The process of Service A law enforcement officer or a process server hands over the documents to the Respondent personally.

It often happens that people are abashed, if divorce papers are served on them. The solution is to sign an admission of service. This signing means that the Respondent is ready to accept the papers, although he or she may not be personally served.

After a Respondent is served, it is expected that this Respondent must file a written Response within twenty days from the date of service. A Counterclaim may accompany the Response. The original copy of the Response is forwarded to the court clerk who files it. One copy is given to the Petitioner or the lawyer of the Petitioner. After the completion of the period of twenty days, if the Respondent does not file a Response, the Court enters a default judgment.

Wisconsin Divorce Procedures about Waiting Period

From the filing date of the Joint Petition or the date of service of the Petition and Summons, a minimum waiting period of 120 days has been scheduled by the law. Only on completion of this waiting period, a final judgment of divorce might be granted.

While the waiting period is in progress, there are automatic restrictions on the divorcing partners as per the law. These are as follows.

  • In the absence of an order of the Family Court Commissioner or Judge or the approval of the other spouse, the following are not permitted:
    • Hiding a minor child from the other spouse
    • Removing a minor child out of the state for more than ninety continuous days
    • Creating a residence of a minor child more than 150 miles from the residence of the other spouse or outside the state
  • Disposing, transferring, destroying, damaging, concealing or encumbering the property owned by one or both partners in the absence of an order of the Family Court Commissioner or Court or consent of the other spouse. There are exceptions to this rule as under:
    • Payment of reasonable expenses of the action, inclusive of lawyer fees
    • Securing necessities
    • The usual course of business

These are some of the significant Wisconsin divorce procedures. The information that is given above is no legal advice. By reading this information, the divorcing couples need to educate themselves and fight for their rights legally. When you are fighting to gain your rights, it is imperative that you know what your legal rights are, and how you can gain those.

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