What is an overtrial in Wisconsin divorce law?

Overtrial is a Wisconsin-specific doctrine and can be argued in family law cases if you believe the other party’s unreasonable approach to litigation has caused you to incur unnecessary attorney fees and court costs. The concept of an overtrial is to protect and compensate a party when the other party has engaged in inefficient, prolonged litigation. If the other party is taking action resulting in "unnecessary proceedings,” the court can decide to sanction the offending party. 

A judge can consider Overtrial if a party has failed to properly respond to formal requests or orders from the court for information forcing the court to file a motion to obtain the information. The court can find that there has been an unreasonable delay resulting in an award of fees to the other party. In making such an award, the court does not need to evaluate the ability of the offending party to pay or the need of the aggrieved party.

If you feel that you have experienced behavior on the part of the other party in your case causing an unnecessary delay or further expenses for you, contact our experienced attorneys at Divergent Family Law.