![]() ![]() These temporary orders remain in effect during the time it takes to complete your divorce case. These temporary orders are court orders and can be determined by the Court’s decision or upon an agreement (called a stipulation) between the parties. In most cases, temporary orders are needed to determine where each party will live, when each party will see the children, and how each party will be financially supported and pay bills. How Do I Support Myself Or See My Children While The Divorce Is Pending? We understand that you need to move on with your life and that you do not need a long and protracted court action. However, our goal is to complete your divorce as quickly as possible. The specific facts of your case will determine the timetable for the completion of your case. The time period can vary based upon the County in which your divorce is filed and the issues involved in your case. Most divorce cases take between six months to one year to finalize. There is a mandatory 120-day waiting period in Wisconsin during which your divorce cannot be finalized. Because it takes two willing people to have a marriage, the court will most likely grant a judgment of divorce even if only one party wants the divorce as long as one party testifies that he or she feels that the marriage is irretrievably broken and that the marriage cannot be repaired. The only basis for a divorce in Wisconsin is that the court finds that your marriage is irretrievably broken and that there is no likely possibility of reconciliation. This means that if your spouse changes his/her mind in the future and asks that the divorce be dismissed, the court could deny that request and grant you a judgment of divorce instead based on your counterclaim. If you also want the divorce, you should also file a counterclaim for divorce. If you do not file a written response, the court could enter a default judgment against you in the future. This must be sent to the court with a copy sent to your spouse or his/her attorney. You must file a written Response and Counterclaim within 20 days from the date you are served with the Summons and Petition for divorce. Once you retain our legal services, we will review the pleadings with you and prepare a Response and Counterclaim on your behalf for filing with the court. What Do I Do If I Am Served With Divorce Papers?Īfter you are served with divorce pleadings, call NKM, to schedule a complimentary in office consultation with a lawyer. Some Counties have certain accommodations set up for people without attorneys or will assist you in e-filing your documents. Please note that all Wisconsin Counties now require that all cases be filed electronically (e-filing) and all documents in family law cases must be e-filed. Aside for the cooperative nature of this type of filing, the benefit of a joint petition is that neither party is required to be served saving time and costs in most instances. You can also file a Joint Petition for Divorce, if your spouse is willing to cooperate with signing same. The lawyers at NKM will take the time to help you determine what the best method of service is to ensure little delay while also minimizing conflict. You can also file a Joint Petition for Divorce, if your spouse is willing to cooperate with signing the same. There are two ways you can serve the Summons and Petition for Divorce on your spouse: (1) your spouse can sign an Admission of Service at our office or his/her attorney’s office, or (2) our process server or a sheriff’s deputy can personally serve the pleadings upon your spouse. You can file a motion with the Court asking that this 90-day deadline be extended however, it would be up to the Judge assigned to your case to decide whether or not to extend this deadline. Your spouse must then be served with this Summons and Petition for Divorce within 90 days after filing. To begin a divorce, you must file with the Court a Summons and Petition for Divorce (generally referred to as the divorce pleadings). ![]()
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