For the unversed, Wisconsin is a no-fault divorce state. If you want to end your marriage, you don’t need to blame your spouse. You can mention the irretrievable breakdown of the marriage as the reason. This tells the court that there is no room for reconciliation with your spouse. What if your spouse doesn’t want a divorce? You can still initiate legal proceedings and get divorced. However, if you and your spouse have a major disagreement on key issues, it would be a contested divorce. You can click here to talk to an attorney, but for your help, we have answered some key questions related to contested divorces in Wisconsin.
What if your spouse has served divorce papers?
In Wisconsin, you have 20 days to respond. You need to file a “Response and Counterclaim” within that time, and if you fail to do so, the court can grant default divorce to your spouse. The court may also agree to everything that your spouse has asked for.
How does a contested divorce work?
A contested divorce happens when couples cannot agree on some of the important issues like distribution of assets, maintenance, child support, and child custody. Expectedly, contested divorces take much longer. If one of the parties refuses to compromise on one of the issues, the divorce can drag on for months or even years. The court will take its own time, and some county courts have a higher burden of family law matters, which can add to the time required.
Can you refuse to give divorce in Wisconsin?
Unfortunately, no. Wisconsin divorces are meant to be simple, and therefore, if either spouse states that the marriage is broken, the other party cannot do much about it. The only way to prevent a divorce is to reconcile if that’s viable.
How long do contested divorces take?
There is a mandatory waiting window of 120 days, which cannot be done away with. In Wisconsin, that’s the minimum time you need to get a divorce. As we mentioned, contested divorces take much longer, and it really depends on how quickly the spouses agree to resolve things.
Should you hire a lawyer for your contested divorce?
Yes, absolutely. If your spouse is someone who is likely to cause problems, hiring an attorney is your best bet. Lawyers also have a key role in how issues are resolved in a contested divorce.
You can check online to talk to lawyers specializing in contested divorces.