Uncontested Divorce in Wisconsin
Currently, residents of this state have the opportunity to apply for both contested and uncontested divorce. Let's take a look at the main difference between these options.
- If spouses disagree on at least one divorce-related issue, their case is considered contested. Most often, people fail to find a compromise with property division, legal custody, child support, and so on. As a result, this way of ending the marriage requires way more time and money than an amicable route.
- If the couple agrees with all details of the divorce, they can go through an uncontested dissolution. This type of marriage termination does not require constant negotiations, legal posturing, and additional court hearings. To apply for an uncontested divorce, Wisconsin residents should sign a petition for divorce where the rights and responsibilities of each party are clearly outlined.
Get Your Divorce Forms Completed Online
DivorceOnline is an excellent online tool that helps people prepare appropriate divorce papers for as little as $139. Moreover, despite the fact we do not provide legal advice, we offer a step-by-step filing guide.
Even people with poor knowledge of family law can generate correct forms that the local court in their state will successfully consider. All our clients have to do is complete a simple questionnaire related to marriage and divorce. In turn, our system will navigate them through the whole process of selecting and filling out the required divorce papers.
For example, if you file jointly with your spouse, and you have minor children, we can help you prepare:
- FA-4110 Joint Petition
- FA-4126 Stipulation for Temporary Order
- FA-4128 Order to Show Cause and Affidavit for Temporary Order
- FA-4139 Financial Disclosure Statement
- FA-4147 Proposed Parenting Plan
- FA-4150 Marital Settlement Agreement
- FA-4152 Proposed Marital Settlement Order
- FA-4160 Finding of Fact, Conclusions of Law and Judgment w
- GF-179 Confidential Petition Addendum
In a matter of two business days, our clients can download completed uncontested forms and, thus, begin the divorce process immediately. In other words, DivorceOnline is a great alternative to hiring an attorney.
Getting a Divorce With Children
In addition to other Wisconsin divorce forms, people with children are usually required to submit a parenting plan later reviewed as a condition of the final judgment. This document typically outlines the care of minor children.
Wisconsin courts should act in the child's best interests regarding child custody, physical placement, child support, and post-divorce matters. Most often, the court obligates both parents to participate in joint child custody, except for when a child or domestic abuse occurs.
At the same time, to determine the most suitable type of custody for a certain case, the judge typically takes into consideration a mix of different factors, including:
- The child’s age
- The child’s personal preferences
- The child's personal relationships with other family members, including siblings and grandparents
- Each parent’s wishes regarding the type of awarded custody
- Each parent’s state of health, both physical and mental
- Each parent’s financial stability
- History of domestic violence and abuse
These factors are also considered in cases when parents fail to reach an agreement on how to schedule their child’s physical custody and how to divide the legal custody. Some of the factors listed above have less impact (e.g. each parent’s wishes regarding the type of awarded custody) on the judge’s decision and others are taken into account in the first place (e.g. history of domestic violence and abuse). Anyways, the final decision depends on the personal circumstances of each couple.
As for child support, Wisconsin Child Support Guidelines determine the amount of payment depending on the custody arrangement. For example, if one parent has sole physical custody, the court uses the standard percentage model based on the paying parent's net income and the number of children. In turn, joint custody payments vary depending on the number of overnights spent with each parent. In most cases, child support obligation continues until the child turns 18 or 19 if the child is still enrolled in high school or working on a high school equivalency course (GED).
Filing for Divorce in Wisconsin Without a Lawyer
Under Wisconsin divorce law, residents of this state are not required to hire a law firm to proceed with their case. The majority of people living in Wisconsin file for divorce without a lawyer, as this option is associated with a variety of benefits. For example, even if the spouses have some disputed issues, they can resolve them through divorce mediation which is a more cost-effective alternative to litigation. Trained, neutral mediators work with divorcing couples to help them negotiate and draft a mutually beneficial Settlement Agreement.
Do-It-Yourself Divorce in Wisconsin
People applying for an uncontested divorce by signing a Settlement Agreement should consider the do-it-yourself option. Its benefits include:
1. Helps save money. In Wisconsin, the average cost of services offered by divorce lawyers varies between $220 and $250 per hour. In total, the price for the entire divorce process can reach up to $9,000-10,000.
If Wisconsin residents decide to represent themselves in court without an attorney, they can considerably reduce these costs. They can complete divorce forms online with the help of DivorceOnline for only $139.
2. Helps save time. With the help of an attorney, the procedure of document preparation typically takes around 1-2 weeks. People applying to DivorceOnline wait no more than two business days to receive ready-to-sign divorce documents.
Reviews
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Frequently Asked Questions:
The length of the divorce process depends on the complexity of each case. This state imposes a 120-day waiting period before the divorce is granted. However, most cases are finalized within 6-12 months after the initiation of this process.
If the couple does not agree on at least one point of the divorce petition, the whole process can take even more than one year.
Unlike a contested divorce that costs around $3,500-$25,000 in Wisconsin, uncontested cases are way cheaper to proceed. In addition to filing fees (around $200), residents of this state can prepare divorce documents with the help of DivorceOnline for $139. As a result, the average cost of the uncontested divorce may not exceed $400-700 in the state.
People living in Wisconsin can get a free divorce if they prove that paying filing fees is a substantial hardship for them. It can be done by preparing and signing a Petition for Waiver of Fees and Costs. The judge will review this document and waive court fees if needed.
Documents needed for divorce in Wisconsin vary from county to county, although residents of this state usually have to submit:
- Petition for Divorce
- Summons
- Confidential petition addendum
- Order to Show Cause or Order for Temporary Hearing
- Proposed parenting plan (if minor children are involved)
- Marital Settlement Agreement