Wisconsin Divorce Steps
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Initiation of Wisconsin Divorce Steps
The divorce steps in this state begin when one of the divorcing partners files the following documents with a court clerk.
- A Petition for Dissolution of Marriage: This contains the fundamental information regarding the divorcing partners and their children, asset information and a request for relief
- A Summons: This is an indication that the divorce is being filed
The divorcing partner who files these documents is referred to as the Petitioner. The other divorcing partner is the Respondent. The Petitioner has an advantage regarding selection of the county where to file the divorce action.
In a Pro Se divorce, both the partners may sign and file a Joint Petition for divorce.
From the date of filing of the documents, when a period of 120 days elapses, only then a final hearing can take place. Depending on how complex the case is, the total duration of the case is decided. Although the divorce is finalized, duration of minimum 6 months must pass by, after which the divorced partners are free to remarry.
Wisconsin Divorce Steps regarding Temporary Hearings
Either divorcing partner has the right to schedule a temporary hearing to find a solution to urgent issues on a temporary basis. Some of the topics discussed during a temporary hearing are as follows.
- Payment of debt
- Spousal maintenance
- Child support
- Physical placement
- Custody
The orders that are issued during a temporary hearing remain in force till the finalization of the divorce. After the temporary orders have been issued, if there are alterations in circumstances, these orders can be reviewed.
A divorcing partner must file and serve the following documents to initiate a temporary hearing.
- An Affidavit for Temporary Relief: This document comprises of the facts that are essential for the partner to endorse his or her request for relief. The requested temporary relief may be related to spousal maintenance, division of debts and assets, maintenance, child support, visitation, child custody and placement
- An Order to Show Cause or a Motion for Temporary Relief: This document intimates the other partner of the time and date of the temporary hearing. The document also coerces the appearance of the other partner at the hearing
- A Family Court Commissioner is basically an assistant judge who is given an authority identical to a judge regarding issue of temporary orders. This Commissioner presides a temporary hearing
- The Commissioner demands a completed financial statement of both partners at the temporary hearing. These documents should contain every partner's income, liabilities and assets
- The divorcing partners are free to present any document or information that is relevant to the issue being discussed in the hearing
- As per law, the court should not take into account the temporary orders while making a final ruling at the final hearing
- Practically, the judge tries to maintain the status quo of the temporary orders while issuing the final orders. So, the partner, who is given favorable temporary orders, is at an advantage during the final hearing
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