The marriage is over – This small sentence can be hard to process, but no matter how emotional you feel, you have to be practical and deal with the divorce in a dignified manner. It’s equally important to protect your legal rights, for which you must hire one of the top divorce lawyers Kenosha for advice. Below, we have answered some common questions about divorce in Wisconsin.
What are the grounds for divorce in Wisconsin?
Wisconsin doesn’t grant divorces based on fault. You just need to state that the marriage is irretrievably broken, which means that there is no room for any discussion, and you and your spouse are unlikely to reconcile. You don’t need to get your spouse’s consent to get a divorce, but if they want, they can argue on key issues, which would lead to a contested divorce.
What are the residency requirements?
To file for divorce in Kenosha or anywhere in Wisconsin, you (or your spouse) must have lived in Wisconsin for at least six months. Either of the two must be a resident of Kenosha County for at least 30 days before filing for divorce.
How quickly can you get a divorce?
There is a waiting period of 120 days in Wisconsin, and that’s the least amount of time you need to wait for a divorce. There are many factors that have an influence on the time required, including whether you are able to decide on important issues with your spouse. Some counties have a higher volume of divorce cases, which could delay the process.
Who gets child custody?
If one parent has the sole custody of their child, they get to make all the important decisions. Unless one of the parents has a history of abuse, courts usually order a joint custodial relationship. If you and your spouse cannot decide on custody issues, the court will also consider all factors, including the age of the child, if child care services are available, and the family dynamics.
What happens to the debts?
All marital debts are distributed equally between spouses. However, if your spouse has child support or maintenance obligations from their previous marriage, those are not your responsibility. Talk to an experienced attorney to know how you can protect your interests.
Filing for divorce is a hard decision, but instead of leaving everything on the legal system, talk to an attorney and fight for your rights. You deserve legal advice.