Divorce in Wisconsin: FAQS for Divorce Lawyers in Wisconsin

 


 

 

1.     What is the residency requirement to file for divorce in Wisconsin?

Wisconsin divorce lawyer: Six months minimum for at least one spouse . That means that one of you must have been a Wisconsin resident for six months before you file for divorce in the state. In addition, to file in a particular county in the state, you have to have lived in the country (or your spouse) for 30 days prior to filing.

2. Can I file for divorce anywhere in the state?

Wisconsin divorce lawyer: Usually you have to file in the county court where you live. There are exceptions and some courts allow you to file in the county even if you don’t live in that county but normally it will be the county where you live – especially if it contested.

3. How much does it cost?

Wisconsin divorce lawyer: It depends on whether it is contested or uncontested and it depends if the attorney charges a flat fee or puts you on a retainer. Even if you do your divorce yourself or file an online divorce which is also possible, you have to pay court fees and these vary according to which county you live in. For a ball park of the court fees alphabetized by state (but you should double check with your attorney as this website does not provide legal advice) go to this page.

4. How long does a divorce take in Wisconsin?

It depends. If it uncontested it can take as little as 120 days. If it is contested, it will take a minimum of 6 months on average and could take years depending on the situation. It is not unusual for a divorce that is contested to take a year or longer to wrap up.

5. How much child support can I get?

The Wisconsin court will make a determination based on your monthly gross income and that of your child’s other parent  – your ex. Child support is based on the child support formula and guidelines as it is in most other states. The guideline percentage amounts are: 17% for one child 25% for two children 29% for three children 31% for four children 34% for five children.
6. Is it possible to do my own divorce in Wisconsin?

Yes. A lot of people file their own divorce and if it is simple and there are no issues such as minor children and property or other assets, you should be able to easily file an uncontested divorce online. But if there are complications, you should probably get a competent and experienced attorney.

7. Can I resume my maiden name?

Normally yes.

8. How soon can I remarry after getting divorce in Wisconsin?

After the divorce is finaliZed and entered into the court’s dockets as final.

9. How is property division handled in Wisconsin?

Wisconsin is a community property state. That means there is a presumption that everything will be split 50/50.

10. When does child support end in Wisconsin?

Around age 19 (if the child is in college) but if not at age 18 usually.

 

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