Law

Factors that can delay your divorce in Wisconsin

Getting married in Wisconsin is easy. It’s hard to say the same thing about getting divorced though. Wisconsin is a no-fault state. If you decide to file for divorce, just stating that the marriage is irretrievably broken is just enough. This is when there is no room for reconciliation. In other words, it doesn’t matter whether your spouse wants the same or not. Hiring one of the top divorce attorneys in Milwaukee, WI can help speed up things. However, there are several factors that can delay your divorce, and here’s a list for your help. 

The county matters

In Wisconsin, you have to wait for at least four months to get divorced. The 120-day waiting period is mandatory, and that’s the least amount of time you need. You can file for divorce in a county where you or your spouse lived for at least 30 days before initiating the paperwork formally. Many county judges hear both criminal and family law matters, and that can cause a delay. The volume of divorce cases in some counties is considerably lower, and in these counties, you don’t have to wait as long. Judges also have a say in how divorce hearings are scheduled, and that can cause a delay. 

Lack of cooperation

If you file for divorce, your spouse agrees to the decision; you can get divorced sooner. That said, you and your spouse are expected to sort out key matters, including child custody and alimony issues and distribution of assets. However, if your spouse doesn’t cooperate or cannot be traced, that can prolong the process considerably. Your spouse can delay the divorce to some extent, although you can still end the marriage. 

Too many disputed issues

If the judge finds it necessary for a Guardian ad Litem to represent your child’s best interest, or when you cannot come to an agreement with your spouse on key matters, the divorce can take longer. It is in your best interest that you and your spouse negotiate and sort issues amicably. Leaving everything on the court can make things hard. 

Pregnancy

If the wife is pregnant, the divorce cannot be finalized before the child is born, and it doesn’t matter whether the husband is responsible for the pregnancy or not. That’s because genetic testing is required after the child is born. The court can only take a call on child support after the child is born. 

Call your lawyer today and ask the right questions about Wisconsin divorce. 

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