Wisconsin Divorce Steps
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A Wisconsin is a state where many types of divorces are allowed. Generally, a divorce is defined as the "dissolution of marriage proceeding" in legal books. The term itself explains the meaning of a divorce between two partners. It is the separation between the partners for the whole life onwards. There are many reasons for which such dissolution is requested in the court. But, as divorce is a legally bound process, it should be ensured that all requirements are fulfilled within the stipulated time period.
The primary requirement of any state regarding divorce is that of residency. Every state will have its rules regarding the compulsory residency period. For Wisconsin, such period is of six months. Further, a person has to be a resident of the county for at least one month before filing a divorce case in that particular county court. The other steps for divorce in Wisconsin are as follows:
Initiation of Wisconsin Divorce Steps
The divorce steps in this state begin when one of the divorcing partners files the following documents with a court clerk.
The divorcing partner who files these documents, is known as the Petitioner. The other divorcing partner is the Respondent. The Petitioner has an advantage regarding selection of the county where to file the divorce action.
In a Pro Se divorce, both the partners may sign and file a Joint Petition for divorce.
From the date of filing of the documents, when a period of 120 days elapses, only then a final hearing can take place. Depending on how complex the case is, the total duration of the case is decided. Although, the divorce is finalized, duration of minimum 6 months must pass by, after which the divorced partners are free to remarry.
Wisconsin Divorce Steps regarding Temporary Hearings
Any of the divorcing partners has the right to schedule a temporary hearing to find a solution to urgent issues on a temporary basis. Some of the topics discussed during a temporary hearing are as follows:
The orders that are issued during a temporary hearing remain in force till the finalization of the divorce. After the temporary orders have been issued, if there are alterations in circumstances, these orders can be reviewed. These orders come into effect immediately after the date of issue.
A divorcing partner must file and serve the following documents to initiate a temporary hearing.
Wisconsin divorce steps related to the property distribution
Wisconsin is a "community property" state. That means the state laws give preference to the equal distribution of marital property earned by both spouses. The personal property is regarded as the separate property and thus, is excluded from the marital property. While the hearing of the case of property distribution, many factors are taken into consideration. Some of them are as follows:
Thus, this is the brief outline of the divorce steps in Wisconsin. The uncontested divorce is preferred in most of the cases as the divorce steps for this kind of termination of marriage are quite simpler and cheaper than that of regular dissolution.
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