The state of Wisconsin recognizes only no-fault based divorce filings. However, the state allows resolution of the no-fault filing via one of three methods, either reconciliation with spouses remaining married, uncontested resolution with spouses agreeing on terms of divorce outside of court, and third, contested divorce where courts are forced to decide outcome of divorce case. In general, uncontested divorce resolutions are the most common. However, the uncontested divorce resolution is one often arranged after ongoing negotiations between the spouses involved, their respective legal counsel, and sometimes, other third parties like collaborators or mediators. In short, the uncontested resolution may play out as contested and adversarial outside the courts, but ultimately, the spouses will reach an agreement on each item relevant to their divorce, and in turn, forward the terms of the agreement to the courts for approval.
Residency Requirements
Per Wisconsin divorce law, in order to be eligible to file for divorce, at least one (1) spouse in the divorce case must have been a resident of the state of Wisconsin continuously for at least the six (6) months prior to the actual date of divorce filing.
Grounds
Even though Wisconsin is a purely no-fault state, the state still only recognizes the following grounds as sufficient cause for filing a divorce, including:
- An irretrievable breakdown of a marriage, which is shown by a mutual petition from both parties consenting to the divorce
- An irretrievable breakdown of a marriage, exhibited by separation for at least one (1) year at date of filing
- Or an irretrievable breakdown of marriage, as found by the courts
Fortunately, these grounds essentially cover any cause of action for divorce filings, and in most cases, divorcing parties cite irreconcilable differences via mutual petition. However, if a mutual petition is refused by one spouse, the courts will likely recognize the breakdown of marriage in the sense that one party is seeking divorce, while the other refuses it.
Getting Legal Help
The uncontested divorce process, although generally less expensive and time consuming, is still a highly involved process, requiring the representation of legal counsel in most instances. In short, both spouses are negotiating terms and making decisions on matters with significant long-term implications, such as child custody, payment of support, and division of property. The nature of any divorce should require each spouse to seek his or her own legal counsel. For more information and insight into the uncontested divorce process in Wisconsin, including how uncontested divorce may be a route of resolution for your divorce case, consult with a Wisconsin uncontested divorce lawyer to learn more.
