Divorce in the state of Wisconsin is said to be "no fault" divorce. What this means is that a person needs no reason to get a divorce, there is no longer a requirement to prove adultery or abandonment or anything else. These issues, while morally relevant, are not legally relevant. A person must only say that the marriage is irretrievably broken to file for divorce in Wisconsin.
In order to file a divorce in Wisconsin one person must be a legal resident of the state for a minimum of six months. A person must reside in the county for a minimum of thirty days to file in that county, the law is the same from county to county. However, technical procedures and the perspectives of the individual judges may vary. It is critical to have an experienced Milwaukee divorce lawyer who knows the lay of the land.
A divorce is commenced by the filing of a summons and petition for divorce. The summons notifies the other party that they're being sued for divorce. It also requires the other party to do certain things within a time limit. The divorce petition states certain facts and asks the court for specific things in the divorce, for instance: Sole child custody or spousal maintenance. The person who files for divorce is called the petitioner and the other person is called the respondent. Legally it makes no difference, but strategically it can make a huge difference who files for divorce first. It is always better to play offense than defense. Taking the initiative is always an advantage.
Once the divorce papers are served to the respondent, the time period for divorce is started. In Wisconsin, by law, a divorce cannot be completed in less than 120 days. If all the issues of the divorce are resolved, the divorce can be finished after 120 days expire. If all issues are not resolved, it can take longer. Learn more about the divorce process in Wisconsin.
A divorce can only be resolved in one of two ways. It can resolve either by a marital settlement agreement reached by the parties and their attorneys or by a trial. A marital settlement agreement must resolve all issues, such as child custody, child support, maintenance, property division, etc., in a complete and final manner.
If your case requires a trial, your divorce attorney will present evidence and testimony to the judge in the most favorable way possible for your case. Your Milwaukee divorce lawyer will also attack the case presented by the other side. Preparation, determination, and toughness by your legal representative are the keys to winning.
Both a favorable settlement and a settlement result at trial require a Milwaukee divorce lawyer that is both experienced and determined to win. At John T. Fields and Associates Milwaukee divorce law firm this is the kind of legal representation we give.
For more information about divorce in Wisconsin or to schedule an appointment with an experienced lawyer regarding a divorce proceeding in Wisconsin, please contact our Milwaukee divorce lawyers.