How to File for Divorce in Wisconsin
To get a divorce in Wisconsin, you will first need to file a petition for divorce. If both the husband and wife agree to file for divorce, they can file a joint petition for divorce. Filing a join petition in Wisconsin does not mean that both parties agree on all the withstanding issues of a divorce. Issues that will need to be resolved include legal custody & physical placement, child support, spousal support and division of property & debts.
Who should file first?
Wisconsin is a "no-fault" divorce state, which means there is no legal advantage to being the first to file for divorce. However, there are personal advantages to filing first:
- Timing - Serve your spouse and determine when the divorce process begins.
- Preperation Ahead of Time - Prepare and get your ducks ina row by organizing evidence/documentation.
- Check Your Assets - Review and assess all of your assets and debts. Start thinking about how you wish to divide the marital property.
- Get Legal Advice First - Get advice upfront and feel more secure in the divorce process.
- Choose the Location - If you and your spouse are separated, you'll choose the location if you file first. You can file for divorce in a county as long as you lived there for 30 days and in the state of Wisconsin for 6 months.
- Have the First Word - If you file first, you can request temporary order before your spouse.
Are there Disadvantages to Filing First in Divorce?
The disadvantages are not huge, but they can be there.
- Transparency - When filing first, you are putting all your cards on the table. This allows your spouse to build a defense against your position while their position is unknown.
- Filing Fees - The person who files the divorce first has to pay the filing fee. While most are around $200, the filing fee differs from county to county.
Work with us and our attorneys will advise you on what's best for your personal situation.
Wisconsin Divorce Filing Fees
When filing a petition for divorce, there is a fee associated with it. The fee can vary from county to county. To find out exactly how much it is for your county, contact the family court division of your local circuit court.
To file the petition, you will need to bring a copy of the petition to the court for them to enter it into the system to actually begin the divorce process. Once filed, you will need to serve the other party within 90 days of filing. That will then put them on notice that you have filed for divorce.
This can be a daunting process and experience. Contact our firm today to sit down with one of our experienced attorneys to discuss the process more and see how we can help you!
Have You Been Served Divorce Papers?
If you were recently served divorce papers in Wisconsin, you only have 20 days to respond! Act fast and get ahead of the process by consulting with one of our experienced family law attorneys.
Divergent quotes the cost of your divorce in advance. Find your Wisconsin divorce costs with our interactive quiz.
