| GENERAL INFORMATION | ||
| What are the grounds for filing for divorce in Wisconsin? | ||
| Wisconsin is a no-fault divorce state. For a Wisconsin no-fault divorce, both parties must agree that the marriage has been irretrievably broken. | ||
| What if I have adult children from this marriage? | ||
| Do not enter information about adult children of the marriage in the online interview. Information concerning adult children of the marriage will be need to be hand-written into the Joint Petition. You will need to customize the Findings of Fact, Conclusions of Law, and Judgment by checking the correct box and hand-writing in the information concerning the adult children. To customize, you may log into your account at www.divorcewriter.com/Home_Login.asp. On the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents" to e-mail your documents to yourself. Then, customize as needed, save and print. | ||
|
||
| STATE PROCEDURES | ||
| Where do I file my divorce papers in Wisconsin? | ||
|
In Wisconsin, a divorce is filed at the Circuit Court Clerk's office. Your self-prepared DivorceWriter package includes detailed procedures on filing for divorce in the county you selected, including the address and telephone number of the Clerk of Court. | ||
| What are the Wisconsin residency requirements for filing for divorce? | ||
| Wisconsin requires at least one of the spouses to have been a resident of Wisconsin for at least six months and a resident of the county of filing for at least thirty (30) days immediately before the filing of a Joint Petition. | ||
| How much is the filing fee in Wisconsin? | ||
|
In all counties except Milwaukee, the filing fee for a divorce that does not require spousal maintenance or child support is $184.50. If spousal maintenance or child support is required, the filing fee is $194.50. In Milwaukee County, the filing fee for a divorce that does not require spousal maintenance or child support is $188.00. If spousal maintenance or child support is required, the filing fee is $198.00. | ||
| What are the basic steps to getting a divorce in Wisconsin? | ||
|
1) File the Joint Petition 2) A 120 day waiting period is required 3) Attend divorce education class (if required in your county) 4) File remainder of divorce documents 5) Obtain a date and time for the final hearing (if not already assigned) 6) Complete your paperwork for the final hearing, and 7) Attend the final hearing | ||
| What documents are included in the self-prepared Wisconsin DivorceWriter package? | ||
|
Your self-prepared Wisconsin DivorceWriter package will include: Joint Petition Confidential Petition Addendum Financial Disclosure Statements Marital Settlement Agreement Findings of Fact, Conclusions of Law, and Judgment Customers with minor children will also receive: Proposed Parenting Plan Child Support Worksheets Note: You may receive additional documents depending on the county where you are filing and your answers to our online interview. In the same regard, you may not receive some of the documents in the above list, depending on the county where you are filing and your answers to our online interview. | ||
| Do we have to be separated to get a divorce in Wisconsin? | ||
| There is no requirement that a couple be separated for any period of time in order to file for divorce in Wisconsin. | ||
| Can I change my name in Wisconsin divorce proceedings? | ||
| In Wisconsin, either spouse may request to take back a former legal surname through divorce proceedings. Wis. Stats. 767.395. | ||
| How do I serve my spouse with the divorce papers in Wisconsin? | ||
| When a Joint Petition is filed, formal service is not required in a divorce action in Wisconsin, as both parties agree to all terms of the divorce. | ||
| How long does it usually take to finalize a divorce in Wisconsin? | ||
| In Wisconsin, at least four months (120 days) must pass between the filing of the Joint Petition and the final divorce hearing. Your divorce is final on the date of the hearing, as long as all divorce documents have been properly filed with the Court. | ||
| What is considered to be the date of separation in Wisconsin? | ||
| The term "separation date" refers to the date when the spouses stopped living at the same residence. However, there is no requirement that a couple be separated for any period of time in order to file for divorce in Wisconsin. | ||
| Will either of us be required to attend a court hearing? | ||
| In Wisconsin, both spouses must attend the final divorce hearing. | ||
|
||
| CUSTODY, VISITATION, SUPPORT | ||
| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? | ||
|
DivorceWriter calculates the child support amount using the child support guidelines according to Wisconsin's "Percentage of Income" standard. The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Marital Settlement Agreement. The court will decide whether or not to approve the deviation. | ||
| What are the different types of custody in Wisconsin? | ||
|
"Legal custody" means the right and responsibility to make major decisions concerning the child(ren), including education, health care, and religious upbringing. "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training. "Physical placement" means the child is physically placed with one party, who has the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by a person having legal custody. "Joint physical placement" means that the routine daily care and control and the placement of the child is shared between the parties. See Wi. Stat. 767.001 Actions Affecting the Family | ||
| How is child support calculated in Wisconsin? | ||
|
Based on the information provided by the customer when completing the Wisconsin online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. The Percentage of Income standard is as follows: 17% for one child 25% for two children 29% for three children 31% for four children 34% for five or more children. | ||
| When can a child support order be modified in Wisconsin? | ||
| The court can change a child support order if there is a substantial change in the circumstances of the parties and the modification is in the best interests of the child(ren). Common reasons for modification of child support include a significant change in the income of either party or a significant change in the needs of the child(ren). | ||
| We already have a child support order issued by a judge. Will we be able to keep the same amount? | ||
| DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Joint Petition you will file with the Court. | ||
| How is child support calculated in Wisconsin? | ||
|
Based on the information provided by the customer when completing the Wisconsin online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. The Percentage of Income standard is as follows: 17% for one child 25% for two children 29% for three children 31% for four children 34% for five or more children For more information on Child Support in Wisconsin, see Department of Children and Families Percentage of Income Standard | ||
|
||
| PROPERTY AND DEBTS | ||
| Why do I have to complete financial disclosures in an uncontested divorce? | ||
| More than half of the states require one or both spouses to complete a document listing th... more | ||
|
||
| SPECIAL CIRCUMSTANCES | ||
| What if one spouse is in the military? | ||
| If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more | ||
|
| © 2024 Pro Se Planning, Inc. All rights reserved. | Terms of Use | 100% Guarantee | Privacy | Help Center - Contact | Sitemap |