A default divorce in Wisconsin occurs when one spouse files for divorce, and the other fails to respond or appear. This allows the court to grant the petitioner’s requested terms after a mandatory 120-day waiting period. It is a no-fault process where the court accepts the requests of the perosn who filed, given it is realistic.
Wisconsin statute 806.02 outlines the default divorce process. This statute governs the practice of default judgment: “…if no issue of law or fact has been joined…and if the time for joining issue has expired. Any defendant appearing in an action shall be entitled to notice of motion for judgment…A default judgment may be rendered against any party who has appeared in the action but who fails to appear at trial.” In other words, as long as the other party was properly notified of the deadlines and court date, the court may proceed without them if they fail to appear at the hearing.
The timeline for a divorce in Wisconsin includes two important numbers: 120 and 20. Each of these is a number of days that either limit action or that certain actions must be performed in.
Once one person (the petitioner) decides to get a divorce and files with the county, their partner (the respondent) must be informed. When the respondent is properly notified, the 120-day timeline starts. 120 days after the respondent has been served is the soonest the state will grant a final hearing, though it could take longer depending on the circumstances One exception to this rule is with military members on active duty. They have an extra 60 days to appear for trial proceedings.
In order for this 120-day clock to start ticking, the respondent must properly be notified of the divorce. This can be done via a process server, or the respondent can demonstrate they have been notified by signing an “admission of service” document and filing it with the court. If the respondent cannot be found, the court may accept a “good faith” effort to find and notify them. If you cannot find your partner or have any questions about proper filing or notification, contact an experienced family lawyer at Divergent Family Law for a free consultation.
After the date of service, the respondent has 20 days to file a response to the claim. If they do not file a response or counterclaim, the court may eventually grant a default judgment. Whether you are the petitioner or respondent, the professional attorneys at Divergent Family Law can help you with a claim or a timely and appropriate response.
After the 120 day waiting period, if the respondent cannot be found or refuses to participate, the court may issue a default judgment. If they are not present at the default hearing and never filed a counterclaim, the respondent will be unable to object to any orders filed in the original complaint. This means that when the day of the final hearing arrives, the petitioner’s proposal for the distribution of assets, bills, and more is likely to be approved.
If you are a petitioner moving towards a default divorce and have a new partner who is willing to adopt your child, the court could approve a termination of parental rights for the other original parent. Contact an experienced family lawyer at Divergent Family Law for a free consultation regarding this possibility.
A default judgment cannot be issued if both parties meet the deadlines and attend all hearings.
It is possible to reschedule hearings or make arrangements to attend over the phone.
When the other party cannot be reached or a judgment has been issued against you, there are a number of paths an experienced lawyer can help you pursue.
If you need help with these or any other issues, contact us for a free consultation today. Our law firm helps residents of Milwaukee and throughout Wisconsin with family law issues, including default divorce and child custody.
