Divorce papers in Wisconsin — filing for divorce in WI

Online divorce in Wisconsin

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How to get divorce in Wisconsin

Online Divorce provides qualitative and approved by the court Wisconsin divorce papers. The information below will help you understand more about the divorce in Wisconsin. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Wisconsin. We guarantee that in a short time you will receive the correct Wisconsin divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Wisconsin:

1

First of all you have to be lawfully married. Rules of the state allow couples to file for a divorce in Wisconsin only in case if they are were married legally.

2

You or your spouse should be a legal residents of the Wisconsin. This means you have to live there at least 6 month in order to file the court in Wisconsin.

3

In order to file the court in Wisconsin you need to have fault or non fault ground.

4

You have to reach an agreement with your spouse as for your main property and child/children custody and sign the Divorce Agreement document in the presence of your attorney. In this case you may apply for an uncontested divorce. On the other hand if you think it is impossible to agree with your spouse, and you can’t decide the main questions about your property and/or children and sign Divorce Agreement, you may file for a contested divorce. In this case you will not have a right a decide all the essential questions about your children and property, but the judge will decide it for you.

5

And the last thing you need to do in order to start your divorce process is to file to the court and serve your spouse which means that you should send him or her copies of your divorce form documents.

6

You must fill all the necessary Wisconsin divorce papers. All the divorce papers are generally the same in all the states of the USA, but there are some little details you need to be careful with as the laws in each state is different and it is very important to know all these differences.Most of people do not like to fill the forms and blanks as it is not an easy process, so talking about divorce papers we should emphasise that it is a very difficult process as well and it requires time, accuracy and patience. Filing your divorce papers correctly will not only save your time, but also speed up all your divorce process.

Online divorce is always ready to help you in several ways:

  • Online Divorce will select all the needed Wisconsin divorce papers.
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Residency:

This is very important to make sure you can file for a divorce in Wisconsin. As I have said before you need to live in the Wisconsin for at least 6 month in order to file a court in this state. And of course you need to be a citizen of the USA for at least 10 years in order to file the USA court. But if your spouse is a resident and has been living in the USA for 10 years you can also file all the necessary divorce documents in one of the courts and Wisconsin courts as well.

Domestic partnership:

The local governing bodies in Wisconsin state has decided that it is in the interest of the citizens to establish some laws for domestic partnership. Of course these law are different from usual marriage and divorce, but still these laws protect parties against fraud and unfair actions.
This is a list of features a couple may have in order to have a domestic partnership status:

  • Both partners should be 18 years or more in order to sign domestic partnership documents
  • Both partners should be single and should not be involved in any other domestic partnership
  • The partners are the representatives of the same sex 
  • The partners are not closer to each other in blood relations than second cousins;
  • The partners live in the common shelter and it is possible than only one partner is an owner of the place of the residence. Furthermore both partners may have their own additional property ( such as a house), but still live in one house, or partners may leave the common shelter, but then return again.

Domestic partnership termination:

If you have decided to terminate your domestic partnership you need to fill proper forms such as Notice of Termination of Domestic Partnership with a county clerk. This is a person who also issue the Declaration of domestic Partnership. You also need to pay the applicable fee. It is important to know that a Notice of Termination of Domestic partnership must be notarised and signed by two partners or by one partner.

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Valid grounds to get divorce in Wisconsin

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If person wants to divorce in Wisconsin he/she should know that there are only two reasons are considered as legal grounds in Wisconsin as it is quite conservative state.

These are non-fault grounds:

  • the first ground is a marriage is irretrievably broken.
  • the second is when both partners in marriage have made everything to break down marital relationship.

This is very important to know that if both parties have signed up the special Wisconsin divorce papers that state that their marriage is irretrievably broken, the judge in court should also confirm that the marital relationship is broken. On the other hand if there is only one partner who have signed the Petition, the judge usually reconsiders this Petition and after hearing gives his own finding according to the things he/she have heard.

There are cases when couple do not live with each other for more than a year ( 12 months) and then one partner states that the marriage is irretrievably broken. In such cases the court have to consider all the relevant factors and make a decision.

  • If the court will decide that there are some very important reasons for a couple to reconcile, there should be another hearing no sooner than 30 days, nor later than 60 days after the last hearing. 
  • If the court will consider that there are not any important reason for couple reconciliation, the court must make a finding that the marriage is irretrievably broken.

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Annulment of the marriage in Wisconsin

Sometimes people have a desire to finish their marriage, but they want to use some different ways for it. Annulment of a marriage is an alternative to a common known divorce in Wisconsin.

There are a few reasons when you can file for annulment of your marriage. Such as:

  • You and your partner are close relatives such as brother or sister, mother or father, aunt or uncle.
  • You and your partner were too young to enter a marriage. (Younger than 18 years old and your parent did not sign the all the necessary documents)
  • Annulment is possible if you and/or your partner have been under the influence of alcohol, drugs or other substances that do not allow you to think clearly.
  • You entered your marriage without your will,you were forced to do it.
  • Your partner did not tell you something important about his/her past or present ( some incurable or fatal disease, pregnancy, etc)
  • Your partner was still married when he/she entered the marriage ( even if he was married in another country). Bigamy is prohibited in the United states.

Marriages that are legally prohibited in Wisconsin:

  • One of a partners is mentally is not capable to enter the marriage 
  • One of the partners is already married and has not divorced yet when entering into a new marriage
  • partners are close relatives ( partners can be second cousins or at the age of 55, also they can provide a document that at least one partner is sterile)
  • marriages that took place earlier that 6 month after the judgment of divorce is granted, it does not matter whether you divorced in Wisconsin or in another state, the marriage that took place earlier than 6 month after divorce shall be void.

You can not annul the marriage after the death of one party to the marriage.

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Custody of the child in Wisconsin

Custodyof the child

We all know that when family broke up children are the very first one who mostly suffer from their mother and father separation. That why it is very important to think about their custody with all the accuracy and care. Whether it is a divorce in Wisconsin, annulment or a legal separation, the court makes an appropriate and fair decisions about the children custody and visitation ( we are talking about all the children under 18 years old) according to the following criterias:

  • Where the parents live now and where they are going to live in the future ( at least future 2 years)
  • Parents working hours and workplace
  • What school the child will attend
  • With whom the child will spend his/her holidays
  • Who will receive a child support and what amount of money this is going to be
  • What is child’s desire ( what parent he/she wants to stay with)
  • What is each parent’s desire ( you can tell the court about the place where the child will live, school he will attend, local church you will attend together, any other factors you can add in order to influence the court’s finding)
  • The connection of a child with his/her mother and father, sister or brother and other relatives that have a big influence on child’s life
  • How much quality time have a parent devoted to a child in the past, how much time he/she will promise to spend with a child in the future, what changes is he/she going to make in order to achieve this goal
  • Whether have a parent ever been involved in a child’s abuse
  • Whether have a parent ever been involved in a domestic abuse or inter-spousal abuse
  • Whether a parent has a problem with a drug or alcohol ( any other additions)
  • Whether a parent girlfriend or boyfriend has an alcohol addiction or has he/she committed any crime
  • Any other factors may be taken into consideration.

There are very difficult situations when children do not want to stay with one party because the other party taught a child what to say on the court. Sometimes it is difficult to confront a child and to prove the court that your relations with your child is better than this. Instead of proving that you are a good parent and yelling at the court take a chance to talk to your child ,if it is possible, and make sure you still have a good relations and a child still wants to be with you.

Children can be very vulnerable during the divorce period and sometimes they do not understand why the parents want to separate, so they try to make someone guilty of a divorce. Try to explain to your child that this is neither yours nor his mom’s fault, but just because you can’t stay together any longer you decided to divorce.

Rules for child support in Wisconsin

When you divorce in Wisconsin,and you have children, you can get child support. This is a very helpful financial aid that helps parents to raise children and provide for them all necessary stuff such food, shelter, clothes, school education, etc.

If you have minor children you will receive child support for sure. Here is a calculation of a child support:

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

It is obvious that child support requires a lot of efforts if you have a lot of children. At the same time the party that has a child custody spends a lot of time with a child and can’t spend this time earning money ( especially with little children), so the parent who is visiting a child has more opportunities for a better job and more working hours. That is why it is quite fair that a court oblige one party to pay a child support to the other party who mostly cares about this child.

Uncontested Wisconsin divorce with children
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Property division in Wisconsin

Property division

Division of the property is a very essential and at the same time difficult question all the couples face during this divorce in Wisconsin. Property division happens not only while divorce, but also when partners choose legal separation or annulment. Wisconsin is a community property state, that is why it is good to divorce here as all your property will be fairly divided 50/50 ( of course if we are talking about property you have obtained in your marriage). On the other hand separate property will be stay will each partner according to the amount of money or property he/she brought into a marriage.

Talking about property division in Wisconsin you need to take into consideration the fact the the court may not approve the division of the property if one party is in the process for applying for medical help.

Separate property

This is a property you have obtained because of:

  • A gift of another person (that is not your husband or wife).
  • Individual retirement account, inheritance, etc.
  • Some money you have because of the funds described above.

If partners can reach an agreement and sign Divorce Agreement (that is also should be filed with your divorce form documents) than they will be able to give this document to the court and there are more chances to receive what you really need when you get divorce in Wisconsin. On the other hand when it is seems impossible and your partner does not want to make a step forward to divide everything peacefully then you need to ask a judge to do it on her consideration and it means your ideas won’t be take into consideration as well as your partner’s ideas.

Divorce without a lawyer in Wisconsin

If you apply for a divorce in Wisconsin, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Wisconsin can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Divorce forms in Wisconsin

When partners want to get a divorce in Wisconsin the first thing they have to do it to fill all the necessary divorce documents.

The list of document may vary in accordance with the state law or the family situation. That is why it can be very difficult to understand whether you need to fill this form or not and how to fill it correctly. It is obvious that the court may reject you file with divorce form documents and this is all because your documents were not filling in an appropriate way. in this case you will have to wait, fill the divorce documents again and file the court again. But unfortunately there is no guarantee that next time your documents will be accepted.

That is why we offer you a simple and cheap way to end your marriage.

Online divorce in Wisconsin is always there for you. We can help you:

  • To choose the appropriate divorce form documents that you really need to file to the court.
  • To fill all the document correctly.
  • Answer all your easy and difficult question about divorce in Wisconsin.
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