Uncontested Divorce in Wisconsin

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An uncontested divorce is an attractive option for divorcing couples as a large amount of time and money are saved. As the divorcing partners separate amicably, they can maintain good relations after the final decree has been granted. Also, the children become happy as they watch their parents sharing a friendly relationship, and hence they do not suffer much, mentally or socially. Although the laws and procedures meant for a mutual separation are different in many countries across the globe, the basic concept remains the same. We can take the example of USA, where dissolution is a province of the state laws and not the federal laws. You can fight for an undisputed case from any state in the US, if you fulfill all the necessary conditions for obtaining the termination of marriage. The same is true for the state of Wisconsin. Spouses have to follow all the rules and regulations as specified by the state laws to get an uncontested divorce in Wisconsin.

The divorcing partner filing for the case referred to as the Petitioner. Respondent is the spouse responding to the action. If the petition is jointly filed, the divorcing partners are called as co-petitioners. The Family court or Circuit court of the county is the venue for filing the action.

Besides this common bit of information mentioned above, a divorcing spouse needs to know something more. He/ she or both of them have to walk that extra mile to make their marital termination a successful affair. For them, some important and selected information is provided here.

Grounds for Uncontested Divorce in Wisconsin

In this state, there is a singular ground as no-fault. By this, it is implied that there has been an irretrievable breakdown of the marriage. Such a breakdown can be demonstrated by the following three ways:

  • Residing apart and separate for one year prior to the date of filing.
  • A joint petition on the grounds of irretrievable breakdown.
  • A finding of the court that an irretrievable breakdown has occurred and there is no possibility of reconciliation.

Residency requirements of Uncontested Divorce in Wisconsin

The residency criterion is as follows:

  • One of the divorcing partners must be a resident of this state for 6 months.
  • One of the divorcing partners must be a resident of the county wherein filing is done, for a period of 30 days before the action is filed.

After the filing of the joint petition or the service of the Summons, there is a waiting period of 120 days. Once this period is complete, then a hearing on the divorce can be planned.

Forms to be filed

If the divorcing couple agrees with each other regarding all issues, they can file the following documents:

  • FA-4111 (Joint Petition without Minor Children)
  • FA-4110 (Joint Petition with Minor Children)
  • GF-179 (Confidential Petition Addendum): Confidential data pertaining to the divorcing partners and their children is furnished to the court through this document.

If one of the divorcing partners files individually, then this partner can file the following documents:

  • FA-4108 (Petition with Minor Children)
  • FA-4109 (Petition without Minor Children)
  • FA-4104 (Summons with Minor Children)
  • FA-4105 (Summons without Minor Children)
  • GF-179 (Confidential Petition Addendum)

When one of the divorcing partners files individually, in such a case, the Petitioner has the liberty to conclude that a hearing is essential to manage topics like asset and debt allocation as well as visitation and child support, if children are present. In such a scenario, the Petitioner is expected to file the following forms:

  • FA-4139 (A Financial Disclosure Statement): This document gives the court a clear view of the finances of the divorcing partners.
  • FA-4129 (An Order to Show Cause and Affidavit for Temporary Order without Minor Children)
  • FA-4128 (An Order to Show Cause and Affidavit for Temporary Order with Minor Children)

Forms required when spouses do not file jointly

There are many uncontested divorces where spouses do not file jointly. In such cases, some documents are served to the Respondent. These are:

  • The Summons
  • The Confidential Petition Addendum
  • The Petitioner
  • A proposed Parenting Plan, if minor children are involved

Thus to obtain an uncontested divorce in Wisconsin, a number of forms are filed. It is advisable to contact a lawyer as he/ she is probably the best person to complete these formalities. Otherwise you can download forms or divorce packets from the Internet, do the paperwork at home without visiting an attorney's office and follow the simple steps as provided by the online companies.

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