Wisconsin is a no-fault divorce state. That means you don’t have to give the court a reason you want to dissolve your marriage other than the fact that you and your spouse have decided that your marriage is no longer working.
What Do You Have to Prove to the Court?
Even if your spouse was unfaithful to you, or you were unfaithful to your spouse, you don’t need to prove anything to the courts in order to get a divorce in Wisconsin, including Milwaukee, Waukesha, or any other city in Wisconsin.
You must simply attest to the fact that your marriage is “irretrievably broken.”
What Happens if Only One Spouse Wants a Divorce?
It’s not unheard of for only one spouse to want a divorce. That doesn’t mean the court won’t grant your divorce, but it may mean that you and your spouse have more negotiating to do if you can’t agree on the major points involving your shared property and child custody.
Wisconsin’s Divorce Timeline
Once you serve your divorce papers on your spouse (or your spouse serves them on you), you must wait at least 120 days for your final hearing before the judge. However, most divorces take longer than 120 days.
Your divorce will be faster if you and your spouse can reach agreements on those major points. If you can’t agree, the judge will have to decide for you; in order for the judge to make decisions for you, you’ll have to wait for an opening on the court calendar for a hearing.
A Word on Default Divorce
When you and your soon-to-be ex-spouse agree on all the conditions of your divorce, you have what’s called a default divorce. You can have your hearing as soon as the state’s required 120 days have passed.
Do You Need to Talk to a Wisconsin Divorce Lawyer?
If you need to talk to a divorce attorney in Milwaukee, call us right away at 414-383-6700. We’ll be happy to give you an initial divorce consultation for free to help determine your course of action.
