Uncontested divorce in Wisconsin offers a streamlined process for couples who agree on key issues like asset division and child custody. Learn about eligibility, benefits, and the steps involved, including filing requirements and finalization.
Going through a divorce is anything but an easy process. That being said, it can be made easier when both parties agree on how to move forward.
An uncontested divorce is a legal process where both spouses mutually agree to end their marriage and settle all relevant issues without the need for court intervention. Key issues include the division of assets, child custody, and spousal support.
It’s a collaborative effort where couples work together to reach a fair and equitable agreement, bypassing the need for lengthy court proceedings and contentious legal battles. Parties agree that the marriage is irretrievably broken and that there is no reasonable expectation of reconciliation.
Filing a divorce as uncontested is intended to streamline the divorce process. One way to help streamline the process even further is to hire a family law attorney like those at Divergent Family Law. They can walk you through the uncontested process and ensure everything is done properly and with your future in mind.
To file for an uncontested divorce in Wisconsin, you or your spouse must meet the minimum filing requirements. This means being a resident of Wisconsin for at least the previous six months and living in the county you are filing in for at least the last 30 days. This is a requirement of the Wisconsin state statutes.
Uncontested divorces have advantages and disadvantages. Whether or not an uncontested divorce is right for you will depend on the specifics of your situation.
When parties find a productive way to communicate their wishes in the divorce with each other, this allows for not only saving time, but also saving costs. Making these decisions together through communication can make the divorce process feel less devastating.
The drawbacks highlight that uncontested divorces are meant for separating couples who still trust each other. When you can’t trust the other person not to hide assets or try to pull one over on you, it becomes more likely that a contested divorce is the better path.
In an uncontested divorce, you and your spouse will be the primary deciders on the issues surrounding your divorce. You will need to address potentially five main issues:
If you and your spouse have not agreed on the above issues, an uncontested divorce can still be filed. You will have the minimum 120-day waiting period to try to reach a global settlement on the issues. You may even engage professional help from a mediator, lawyer, or financial expert to come to these agreements.
The filing process for an uncontested divorce is very similar to the filing process for a traditional divorce.
The main difference is that in an uncontested proceeding, the parties agree to jointly request the divorce. This means that one party does not have to “summon” the other to court or have them formally served with divorce papers.
To file an uncontested divorce in Wisconsin, you will need the proper forms for filing a joint petition and complete them with your spouse.
You will need to complete and file a Joint Petition for Divorce along with a Confidential Petition Addendum. These forms are available on the Wisconsin Courts website under the Family Forms section. The website also provides updated information on any additional documents that may be required throughout the divorce process.
Specifically, the joint petition document has two different versions: with minor child(ren) and without minor child(ren). This form will require basic information about all parties involved, whether it be the spouses and any born or adopted children, any previous marriages, and some biographical information.
The confidential petition addendum is a document in which you will list the party’s social security numbers. This document will be sealed and confidential within the court public records.
For the documents’ filing, all counties in Wisconsin now have an electronic filing system for submitting divorce forms. It should be noted that some counties have been phasing in a mandatory use of electronic filing, so you should check with your local county clerk to determine how you can file the divorce paperwork.
Lastly, when filing the uncontested divorce paperwork, you will need to pay a filing fee and other court costs. While the fees can vary from county to county, in general, the divorce fee is $184.50, plus an additional $10 if there is a potential for a request of spousal support or child support. If you are opting in for electronic filing, there is a cost of $20 owed to the court.
In Wisconsin, if you cannot afford to file for divorce, you can request a fee waiver. You can find that form on the Wisconsin courts website as well.
For more information on filing for a divorce, read our article: How to File for Divorce in Wisconsin
While the divorce is going through the courts, either party can request the court to set temporary orders dealing with things such as bills, use of marital home, placement and custody of the children, and anything requested by the parties.
If custody and placement are a contested issue, you can request court-ordered mediation, which is typically vastly less expensive than private mediation, to attempt to resolve the problem.
Under Wisconsin Statute §767.225, the court may also issue temporary orders regarding health insurance coverage, debt responsibility, and temporary spousal maintenance. If one spouse is financially dependent on the other, the court may order temporary financial support to maintain stability until the final divorce judgment is entered. Violating a temporary order can result in legal consequences, including contempt of court proceedings.
At any point during the process of an uncontested divorce, either party can hire an attorney to assist in the divorce. Hiring an attorney could be due to wanting help in advocacy or to ensure the parties are conforming to the correct procedures and timely submission of necessary documents.
While uncontested divorces offer a smoother alternative to traditional litigation, it’s still advisable for couples to seek legal guidance, especially when it comes to drafting the divorce agreement.
An experienced family law attorney can provide invaluable advice, ensuring that the agreement is comprehensive, legally sound, and truly reflective of the couple’s intentions.
An attorney can also help to ease the process and prepare the parties for what to expect at a final hearing. Failure to conform to the legally required procedures and timely filings could result in a delay or even a dismissal of the case.
Uncontested means that both parties agree and wish to file for the divorce. Uncontested does not mean that all issues are already settled though. Once filed, parties can work to resolve the divorce issues while the case is pending.
The short answer is it depends on you and your spouse. Once you file the paperwork, there is a legal waiting period of 120 days (about 4 months) before a final hearing can take place.
If you do not reach a mutual agreement on property division and/or child custody, the court will require mediation. If an agreement cannot be reached after mediation, the judge will rule on any outstanding issues during a trial.
The basic Wisconsin divorce filing fee is $184.50, plus an additional $10 if you are requesting any maintenance or child support payments. You must decide whether you and your spouse are filing jointly or separately. You can file online for an extra $20 charge.
If other experts are needed, such as a home appraiser, guardian ad litem, or financial expert, that can lead to other costs.
Unlike other states, Wisconsin does not have a quick divorce option. There is legally a 120-day minimum waiting period before the divorce can be granted. After that, there is a six-month prohibition on remarrying anyone after the divorce is granted.
