Law

Madison divorce 101: Find top FAQs here!

It’s heartbreaking to think of divorce, especially if you have worked hard to save the marriage. Divorce, unfortunately, often is a sad eventuality for many couples. If you live in Madison, you can file for a no-fault divorce. The “irretrievable breakdown” of a marriage is the only ground for divorce in Wisconsin. It doesn’t have to be an ugly spat involving your spouse. Consider talking to Madison divorce lawyers near me to understand aspects that are specific to your case. Below are some FAQs that are worth a read. 

What are the residency requirements?

If you want to initiate divorce proceedings in Madison, you must be a resident of Dane County for a minimum of 30 days and must be a state resident for at least six months. If your spouse lives in Dane County and fulfills the same requirements, you can still file for divorce. 

How does the divorce process work in Wisconsin?

Either party can file for divorce in Wisconsin. You can also file for divorce jointly with your spouse. If you initiate the petition, you need to serve the divorce papers to your spouse. The proof of service must be submitted to the court, and your spouse has 20 days to respond. If you and your spouse can sort issues related to child custody, property division, child support, and maintenance, you can file a Marital Separation Agreement. 

Is separation mandatory in Wisconsin?

No, you don’t have to be physically or legally separated from your spouse to file for divorce in Wisconsin. 

How are assets divided?

Because this is a community property state, assets are divided evenly and equitably. If you and your spouse can split assets and debts, you can submit the same to the court. Or else, the judge will take a call based on various factors. 

How quickly can you get a divorce?

Wisconsin has a mandatory waiting period of 120 days. In practical life, divorces take at least six months, depending on the burden on the county court. In some cases, divorces take longer because couples cannot agree on key issues. 

Do you need a lawyer?

The short answer is yes. An attorney can be your advocate and ensure that your rights are protected. Your lawyer can also help mediate and resolve important issues. Attorneys are also skilled in negotiation and can ensure that clients don’t end up in a battle in court. 

Call a divorce lawyer now for more information. 

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