Divorce Frequently Ask Questions

First, you must have been a resident of the county in which you are filing for at least 30 days prior to filing, and you must have been a resident in the state of Wisconsin for at least six months. 

The divorce petition is filed in the county in which you live. Then, the other party must be served with the petition. It is important to make sure the process is commenced properly, which is why it is so important to hire a skilled divorce attorney to represent you from the very beginning.

There are some situations in which the court may order a spouse to help pay for the attorney fees of the other spouse;  this is not typically the case as you are generally responsible for paying for your own attorney.

In Wisconsin, there is at least a 120-day or four-month waiting period that must lapse between the first hearing and the final hearing. The process may take longer in a contested divorce where there is serious disagreement on the issues.

There are many things to consider. Legally in a divorce, property must be divided between the parties. Additionally, if there are children from the marriage, custody, placement, and support may also need to be determined.

Yes. In Wisconsin there is legal separation, which does not end the marriage. There is still a mandatory 120-day waiting period between initiating the proceeding and having it finalized. The major difference in a separation is that the parties may reconcile at any time.

A marriage may also be annulled. An annulment treats the marriage as having never existed. To discuss the options available to you, contact one of our knowledgeable divorce attorneys today.

No. Wisconsin encourages collaborative and cooperative divorces. 

A collaborative divorce encourages the parties to work together in reaching an out-of-court settlement. If the parties are represented by counsel and these efforts fail, the divorce proceeds to trial; however the attorneys who represented the spouses in settlement discussions withdraw and new counsel is brought onto the case. 

In a cooperative divorce, while a settlement between the parties is desired, a court trial remains an option for the parties with their counsel in the event an agreement cannot be reached. To discuss these procedures in more detail, contact our office.