Wisconsin is home to some of the most flexible divorce laws in the United States. The state doesn’t require couples to provide any justifying reason for dissolving their marriage other than “irreconcilable differences.” This means that there are many different types of divorce, including uncontested or contested, and total and legal separation. These distinctions affect how your property is allocated during and after your divorce proceedings. It’s important to pay attention to these distinctions when working on a divorce petition in order to ensure you’re aware of all pertinent factors. You can seek the help of a Wisconsin divorce attorney to go with the most apt type of divorce.
We will now see the most common types of divorce proceeded in Wisconsin.
Do It Yourself. This is the least stressful option for most people. You and your spouse agree to end your marriage on your own, without the assistance of a lawyer or any other professional. You simply fill out forms from the Wisconsin Divorce Information Network and file the petition at your county court. It’s simple to do this, but it can be time-consuming as you have to wait in line to file each document. There are also no official requirements as to how long you must wait before filing a divorce if you decide to go this route.
An uncontested divorce is one in which both you and your spouse agree about all the aspects of your divorce. Whether you decide to proceed with a DIY or use a lawyer, this type of divorce is faster and easier than most. If you and your spouse can agree on all important issues, your case will likely move more quickly through the legal system than if you were to be involved in a contested case.
Mediation is an alternative form of dispute resolution that allows you and your soon-to-be ex-spouse to determine the fairest solution without appearing in court. A mediator serves as a neutral third party and guides you through the entire divorce process. This can be a good choice if you or your spouse would rather not appear in court.
In a collaborative divorce, both spouses retain their own attorneys. Even if you hired an attorney in the past, in some situations you can have him represent your case before one of his colleagues. You and your spouse decide to work together on the petition and agree on all aspects of the divorce draft. If both spouses are legally represented, negotiations will take place much more frequently than if you were to file using only one attorney.
In a contested divorce, both you and your spouse retain legal representation. The two of you will have to appear in court at the time of finalization to oppose each other’s petition. If you do not provide compelling reasons for why your divorce should not be finalized, then by default, each of you will be awarded equal property.