Divorce in any situation can be emotional, stressful, and filled with anxiety. It can be short and simple, or drawn-out and lengthy depending on the situation and parties involved. Lawsuits, new information, and outstanding judgments can create bitter fiascos as well as short-term losses. However lengthy the divorce process may be, there are steps that can speed up the process and increase the chances of completion.
The waiting period in Wisconsin is 120 days until a divorce is finalized. However, most can take up to six months or a year depending on the situation. Wisconsin is a ‘no-fault’ state, meaning that infidelity is not an issue in most cases. Since this can have a negative impact for children and families, so the sooner the divorce proceedings are complete, the sooner it is easier for families to recover. Wisconsin does have a preference to maintain family values, and works to promote stability and the best interest of all parties involved.
Wisconsin divorce law requires a 60 day deadline after a Summons and Petition for Divorce is issued. If you are served with divorce papers, a response is required within 20 days. A case cannot be started unless both residents have been in the state for at least 30 days, and the summons and petition must be filed before anything can begin.
In order to file the petition, a fee is required, along with attendance at the initial hearing. Failure to pay bills related to the divorce process will greatly inhibit the speed at which your divorce case is settled, so staying ahead financially is one easy way to make sure everything is on track.
The quickest and simplest way for divorce is through a Mediation Process. This does require a lawyer, but is an official agreement between both parties that the marriage is over takes place before any court room battles or proceedings. After the divorce papers are filed, this will provide limited, or even no need, for a court of judge to be involved.
Another option is Collaborative Law; this is a way to resolve disputes before they enter the court room where both parties work with their attorneys to reach a settlement. It also affirms that neither party will resort to a court case, and promotes the idea of a win-win solution, in writing. It focuses more on collaboration and working together, and helps to speed up the final divorce paper process considerably. Since you are working with attorneys, all issues concerning financial obligations, credit, and child custody can be addressed and bought forward.
The speediest divorce cases are those that are an uncontested divorce; that is, they do not include any major complications, marital assets, or child custody rights but are rather a simple approach in obtaining signatures of both parties in agreement. These are essentially ‘perfect’ divorce cases, and are the easiest to file and complete. The no-fault divorce status also speeds up the legal process, as it is not necessary to prove another party guilty for any actions leading up to the divorce. Do it yourself divorce kits are available online, but attorneys are recommended to ensure that you have all the inormaiton and resources you need for your specific situation.
Whatever your situation may be in Wisconsin, do seek legal counsel for questions and concerns you may have; it is wise to be well-educated on specific areas such as child custody, financial obligations, and marital assets. If you are able to avoid the court settlement stage, you will likely speed up the entire process by working with your respective attorneys and filing accordingly. Keep in mind that Wisconsin’s minimum is 120 days for a divorce to be finalized, but most take between six months and a year. Online do-it-yourself kits help you get your information and proposal together, but you will need an attorney to formalize the process, and possibly help with fees and other requirements.
