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Home Law

What Should I Know Before Filing for Divorce in Wisconsin?

Rabbi by Rabbi
August 12, 2023
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You understand logically that divorcing your spouse will change your life and your connection with them. Once the case gets underway, both are subject to predicted and unforeseen change. What should you expect to know before starting your Wisconsin divorce? If you are considering getting divorced, get help from divorce attorneys in Wisconsin.

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  • A Waiting period applies.

Divorce decision-making can be a long process for some people, taking months or even years to complete. It’s crucial to remember that Wisconsin has a 120-day waiting time before granting a divorce, even though you might desire to end the process fast. The earliest you may get a divorce is 120 days following the date you file and serve your spouse, so to speak.

  • You might need to attend a hearing for temporary orders.

There can be contentious matters that need to be resolved while the case is ongoing after you file for divorce and your husband has had a chance to react. Divorcing spouses must go to court to get interim orders if they cannot agree on issues like who gets to use the principal house, automobiles, and other property. The same goes for parents who cannot agree on child custody, support, or placement.

  • Your spouse could respond differently than you anticipate.

Every marriage is different, and every couple will have different reasons for divorce. There is no way to predict how your husband would respond to the news that you have filed for divorce, no matter how many times you have imagined it. In response, your ex can file court documents stating that you are an unsuitable parent or asking for spousal support. You might be able to emotionally prepare yourself if you go into the process aware that your ex might respond more strongly than you anticipate.

  • The state of community property is Wisconsin.

Before you file for divorce, you should know that Wisconsin is a community property state. This implies that whatever you and your ex contributed to the marriage, earned during the marriage, or gained during the marriage pertains to you equally, with some exclusions, such as gifting or inherited property. Wisconsin courts may grant one spouse a larger portion of the community in restricted situations.

  • Spousal support is frequently temporary and not guaranteed.

To guarantee that both parties can continue living comfortably after the divorce, Wisconsin courts can give spousal maintenance. Some people think they will be given alimony or spousal support indefinitely when considering divorce. The decision to award spousal support is discretionary, and when it is, it is often for a brief period of time designed to provide the spouse who is less financially secure time to get on their feet.

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