Wisconsin No Fault Divorce

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The Petitioner is the individual who files the action. The Respondent is the person on whom the action is served upon. The Petitioner must file the Petition and Summons. As per the law, there is a waiting period of 120 days after which the court might schedule a hearing. After the Respondent receives the Summons, a period of 20 days is allotted for filing the counter claim. In case the Respondent fails to reply within 20 days, the court considers such a Respondent as a defaulter. After the completion of the waiting period, the court schedules a date for the hearing.

Grounds of Wisconsin No Fault Divorce

The marriage of the divorcing partners should have been irretrievably broken down due to one or both of the below mentioned reasons.

  • Irreconcilable differences
  • Incompatibility of temperament

The Wisconsin statute 767.07 is dedicated to this issue.

Residency requirements of Wisconsin No Fault Divorce

Minimum 1 divorcing partner must have been a bona fide resident of this state for minimum six months, immediately prior to the date of filing of the divorce papers. At the same time, this divorcing partner must have been a bona fide resident of the county in which the divorce is being filed for minimum 30 days. The Wisconsin statute 767.05(1m) is related to this topic.

A Temporary Hearing

A Temporary Hearing is planned to procure temporary orders of the court that are to be adhered to till the court issues final orders in a final hearing. It has been observed that usually a Petitioner files a motion for temporary orders. However, the Respondent also has the right to do so. Generally, a temporary hearing is conducted before the Family Court Commissioner of a specific county.

The Family Court Commissioner can be looked upon as an assistant judge. He is empowered with an authority to issue divorce orders on a temporary basis. Some of the topics handled by this Commissioner are listed below.

  • Is any partner is entitled to maintenance?
  • Obligations of both partners
  • Which partner must pay child support and the amount of this support
  • Who has the right to the marital assets inclusive of residence?
  • Interim custody of the child or children

It is expected that the divorcing partners should produce their recent pay stubs and completed financial statements at the temporary hearing. The financial statement must include the following information.

  • Gross and net pay
  • Each category of living expenditure
  • Debts of the partners
  • Primary assets of the partners

The orders issued at a temporary hearing are inclusive of the following.

  • No partner may execute any harassing behavior towards the other partner
  • All insurances must be continued
  • No partner would incur any further debt due to the credit of the other partner

A Parenting Program

If the divorcing partners have any child and children, the court might issue orders that the partners must undergo a parenting program that is related to the effects of divorce on the child. If any domestic abuse has taken place between the partners, they may undergo this program separately.

The duration of the parenting program may be of 4 hours and such a program is educational rather than therapeutic.

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