Stillings & Buchinger, LLC
Wisconsin Divorce & Family Law Attorneys
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Divorce occurs when a man and a woman who are legally married
return to the status of single people. A divorce action legally
terminates the contract of Marriage. A divorce action begins when the divorce petition is filed and it ends when the court issues a final judgment of divorce to dissolve the marriage - called the divorce decree.
In Wisconsin, a couple must file for a divorce regardless
of the means through which they obtain the final judgment. When the petition for divorce is filed, the couple become legally separated. Until the couple are legally separated, neither spouse is protected by law against actions taken by the other spouse that can affect future bills and financial security.
See also :: How long does it take to get a divorce in Wisconsin? ::
types of divorce procedures
Wisconsin recognizes collaborative divorce, cooperative divorce, and stipulated divorce proceedings.
- Collaborative divorce is a relatively new method recognized by Wisconsin law in which the parties proceed through a mediation style communication process and form their own terms of divorce. Collaborative divorce law attorneys must be certified.
- Cooperative divorce is like collaborative divorce, but attorneys need not be certified.
- Contested divorce is often referred to as just "divorce" or "litigated divorce".
- Stipulated or Uncontested divorce is divorce by agreement between the spouses with an attorney to ensure compliance with Wisconsin divorce and marital property laws.
The Process Of Divorce
During the divorce action, the Court will review and make
several legal determinations as part of the Divorce Judgment such as those listed below.
- Marital Property - A division of the property acquired by the parties during the marriage, which may include property owned before the marriage.
- Temporary Child Custody Order - A determination of where the child or children reside, the visitation
schedule and child support.
- Family Home Occupancy - A determination of who stays in the home.
- Maintenance Support Alimony - A determination if maintenance or alimony is appropriate.
Wisconsin is a No-Fault Divorce State
Wisconsin is a no fault divorce state, which means, in short, that Wisconsin does not require proof of wrongful behavior before
a divorce can be started. One party must allege that the marriage is irretrievably
broken and there is no chance of reconciliation. Based on those statements,
the Court will find grounds for a Divorce. There does not have to be testimony
of adultery, abandonment or abuse.
Common Law Marriages
Wisconsin does not recognize "common
law marriages." No matter how long you have resided with someone,
you will not be considered his or her spouse unless you have gone through
a legally binding marriage ceremony. Wisconsin also does not recognize
same sex marriages or unions. If you have been in a common marriage or
same-sex relationship, you may have other property rights. This would
not be handled through the traditional family law process, however.
free initial consultation
If you are contemplating divorce, or if you are prepared to file for divorce, please contact the law offices of Stillings & Buchinger, LLC for a free initial consultation.
The Law Offices of Stillings & Buchinger, LLC represent people with regard to family law, collaborative divorce, contested divorce, uncontested divorce, custody and support or maintenance matters. They frequently represent clients who reside in Neenah, Appleton, Green Bay, Oshkosh, Ripon, New London, Kaukauna, Little Chute, Ashwaubenon, and Stevens Point, Wisconsin. For Calument County actions in Chilton, Wisconsin, please refer to Calumet County divorce.