Uncontested divorce in Wisconsin offers a streamlined process for couples who agree on key issues like asset division and child custody. Learn about eligibility, benefits, and the steps involved, including filing requirements and finalization.
Understanding Uncontested Divorce in Wisconsin
Going through a divorce is anything but an easy process. That being said, it can be made easier when both parties agree on how to move forward.
An uncontested divorce is a legal process where both spouses mutually agree to end their marriage and settle all relevant issues without the need for court intervention. Key issues include the division of assets, child custody, and spousal support.
It's a collaborative effort where couples work together to reach a fair and equitable agreement, bypassing the need for lengthy court proceedings and contentious legal battles. Parties agree that the marriage is irretrievably broken and that there is no reasonable expectation of reconciliation.
Filing a divorce as uncontested is intended to streamline the divorce process. One way to help streamline the process even further is to hire a family law attorney like those at Divergent Family Law. They can walk you through the uncontested process and ensure everything is done properly and with your future in mind.
Who Can Get an Uncontested Divorce
To file for an uncontested divorce in Wisconsin, you or your spouse must meet the minimum filing requirements. This means being a resident of Wisconsin for at least the previous six months and living in the county you are filing in for at least the last 30 days. This is a requirement of the Wisconsin state statutes.
Benefits and Drawbacks of an Uncontested Divorce
Uncontested divorces have advantages and disadvantages. Whether or not an uncontested divorce is right for you will depend on the specifics of your situation.
The Advantages of Uncontested Divorces
- Cost-Effective: Uncontested divorces are often significantly cheaper than contested ones. Without the need for extensive litigation and attorney fees, couples can save a substantial amount of money, allowing them to allocate resources towards rebuilding their lives post-divorce.
- Time-Efficient: Traditional divorces can drag on for months or even years as couples navigate court schedules and legal procedures. Uncontested divorces, on the other hand, can be finalized much more swiftly since there are fewer complexities to address.
- Reduced Conflict: By choosing the uncontested route, couples can maintain a level of civility and respect throughout the divorce process. This not only benefits the spouses but also mitigates the emotional impact on any children involved.
- Flexibility and Control: Unlike contested divorces where a judge ultimately makes decisions on behalf of the couple, uncontested divorces empower spouses to craft their own agreements. This level of autonomy allows for more personalized solutions that cater to the unique needs and circumstances of the family.
When parties find a productive way to communicate their wishes in the divorce with each other, this allows for not only saving time, but also saving costs. Making these decisions together through communication can make the divorce process feel less devastating.
The Drawbacks of Uncontested Divorces
- Easier to Hide Information: If you can’t trust your spouse to be honest about their financial assets, an uncontested divorce might not be the path for you. It is easier for someone to hide an asset or account in uncontested proceedings.
- Overlooked Issues: Many people getting an uncontested divorce don’t use attorneys. This can mean that issues are overlooked or that agreements aren’t planned out fully which leads to issues down the road.
- Wasting Time: If one party changes their mind and now wants a contested divorce or no longer wants a divorce at all, that can lead to complications.
The drawbacks highlight that uncontested divorces are meant for separating couples who still trust each other. When you can’t trust the other person not to hide assets or try to pull one over on you, it becomes more likely that a contested divorce is the better path.
Filing for Uncontested Divorce
The filing process for an uncontested divorce is very similar to the filing process for a traditional divorce.
The main difference is that in an uncontested proceeding, the parties agree to jointly request the divorce. This means that one party does not have to “summon” the other to court or have them formally served with divorce papers.
Uncontested Divorce Forms
To file an uncontested divorce in Wisconsin, you will need the proper forms for filing a joint petition and complete them with your spouse.
As of 2024, you will need to complete and file a joint petition for divorce and a confidential petition addendum. These forms can be found on the Wisconsin courts website, under the family forms section. This website also has helpful information regarding any other documents you may need during the pendency of the divorce.
Versions of the Joint Petition
Specifically, the joint petition document has two different versions: with minor child(ren) and without minor child(ren). This form will require basic information about all parties involved, whether it be the spouses and any born or adopted children, any previous marriages, and some biographical information.
The confidential petition addendum is a document in which you will list the party's social security numbers. This document will be sealed and confidential within the court public records.
E-Filing the Joint Petition
For the documents' filing, all counties in Wisconsin now have an electronic filing system for submitting divorce forms. It should be noted that some counties have been phasing in a mandatory use of electronic filing, so you should check with your local county clerk to determine how you can file the divorce paperwork.
Filing Fees for Uncontested Divorces
Lastly, when filing the uncontested divorce paperwork, you will need to pay a filing fee and other court costs. While the fees can vary from county to county, in general, the divorce fee is $184.50, plus an additional $10 if there is a potential for a request of spousal support or child support. If you are opting in for electronic filing, there is a cost of $20 owed to the court.
In Wisconsin, if you cannot afford to file for divorce, you can request a fee waiver. You can find that form on the Wisconsin courts website as well.
For more information on filing for a divorce, read our article: How to File for Divorce in Wisconsin
Temporary Orders During an Uncontested Divorce
While the divorce is going through the courts, either party can request the court to set temporary orders dealing with things such as bills, use of marital home, placement and custody of the children, and anything requested by the parties.
If custody and placement are a contested issue, you can request court-ordered mediation, which is typically vastly less expensive than private mediation, to attempt to resolve the problem.
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