Legally, the state of Wisconsin is a no-fault divorce state. Therefore, one of the parties in a divorce does not have to prove a failing such as infidelity in order to end the marriage. If one or both of the parties no longer wishes to be married, he or she can submit the appropriate paperwork to get a divorce.
Starting Divorce Proceedings
To start divorce proceedings in Wisconsin, you first must submit a petition to the court. Your spouse must be served with the court papers within 90 days of making the filing. You do have the option of requesting an extension by filing a motion. However, you have to wait for a judge to decide on the motion. Websites such as Domain offer further resources and contact information for people considering divorce.
How Divorce Papers Are Served
According to divorce attorneys in Thiensville, WI, you can choose from one of three ways to serve papers on a spouse. You can have your spouse sign an Admission of Service, use a process server or police authority for serving papers, or have a relative or friend serve the divorce paperwork.
Fling a Response
If you, yourself, are served with divorce papers, divorce attorneys state that you must respond by filing a response and counterclaim within 20 days of service. In order to proceed, you need to file the response though the court system and send a copy of the paperwork to your spouse’s attorney. If you do not file this response, a default judgment can be entered against you by the court.
Why You Need to File a Counterclaim
Divorce attorneys add that if you want a divorce as well, a counterclaim for divorce should be filed. This paperwork is needed in case your spouse changes his or her mind and requests that the divorce action be dismissed. Based on the counterclaim, the court can deny the request and issue you a judgment of divorce. Visit website for more details about the divorce best attorneys in Thiensville, WI