In order to obtain a divorce in Wisconsin, the divorce itself does not have to be agreed upon by both parties. Wisconsin is a no-fault state, which means a Court can grant a divorce with a finding that the marriage is irretrievably broken. After you have been served, the timer starts for you. Once you have the divorce paperwork, you have 20 days to provide a written response and counterclaim to the Court and opposing party.
Read the divorce papers carefully to understand the specific allegations against you. Note the requests made in the divorce complaint.
You must file a response within 20 days of being served in Wisconsin. The answer is a written document addressing the allegations made in the complaint.
Verification: Your answer should be verified by you, meaning that you must swear or affirm under oath that the information contained in your answer is true and accurate
Denials or admissions: Respond to each allegation in the divorce complain by denying them or admitting they are true.
Affirmative defenses: If you have any defenses to the divorce, such as fraud, duress or lack of jurisdiction you can raise them in your answer.
Requests for relief: Examples include alimony, child support or propery division
Verification: If you have any grounds for divorce of your own, you can include them in your answer as counterclaims. Explain what you want the Court to order at the end of the divorce, similar to how the petitioner did.
A divorce is very heavy with paperwork. It can be very tedious and sometimes even tricky to fill out. Not having a legal background can make it all that much harder, not knowing the legal consequences the paperwork may have. It is very common that people make mistakes that cause the divorce process to drag out or even simply not be filed properly. That’s why we recommend you use one of our skilled divorce lawyers to guide you through the process.
Using the correct name on your paperwork may seem like a mistake that just would not happen, but divorce documents can be rejected or required to amend if there the names are not consistent on each of the many documents. For example, on one document you may use first, middle, and last name but the next document, you only use the middle initial. It is very important to keep consistent with names on each document to avoid any mishaps.
In Wisconsin, parties must disclose all of their assets, debts, and liabilities. If things are left out, this can leave exposure to the case being reopened after the divorce is finalized or being responsible for debt that you didn’t list as martial.
Using updated addresses on the paperwork is very important. If you list the marital residence but you are not currently living there, all the paperwork will be sent to your spouse, not you. If you move out mid-divorce, be sure to write a letter to the court updating your address to ensure you keep up to date on all the court documents.
If you have been served divorce papers, you only have 20 days to file a counterclaim against the party. While this is not required, it does help secure certain rights that you may have in the divorce process. Pay attention to deadlines and don’t miss them!
When using the state forms, there are a number of different boxes that you will have to check on the paperwork. If one is not paying close enough attention, the wrong box could be checked. If that occurs, you may be potentially waiving your right to something or checking something that will cause the divorce to be rejected.
Filing for divorce and filing out the paperwork can be time intensive and stressful, especially during this hard point in your life. One way to resolve that stress is to hire one of our experienced family law attorneys. An attorney can help you navigate through the divorce process and take the stress off your shoulders and know it is getting done right.
Schedule a consultation with a family lawyer from Divergent Family Law today.
The experienced attorneys at Divergent Family Law will help you navigate Wisconsin’s legal system after you’re served. Divergent Family Law has helped Wisconsin couples separate as amicably as possible. We work with Men, Women, Military members and spouses, and High Net Worth cases.
Make a Payment 
