Wisconsin Joint Filing Divorce Procedures
Wisconsin married couples who have agreed to divorce and are willing to work together can file a joint petition. Under this process, neither spouse is served with divorce papers nor will they have to file a response.
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Time Frame
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After filing a joint petition, there is a minimum waiting period of 120 days before a divorce is granted. During this period, Wisconsin law places restrictions on both parties until the divorce is final. A violation of any restrictions will result in the guilty party being in contempt of court.
Restrictions
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Restrictions include harassment, intimidation or physical abuse of the other party or a minor child. Damaging, destroying, concealing or disposing of property belonging to either or both of the parties violates the agreement. A minor child cannot be relocated out of the state, taken more than 150 miles from the residence or taken out of state for more than 90 consecutive days without consent from the other party or the court.
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Considerations
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During the waiting period, either party may ask the court for temporary orders until the divorce is final. Temporary orders may include child custody, child support, alimony, use of the marital residence and payment of debts.
Effects
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If both parties agree on all issues and all the required documentation is in order, the Family Court commissioner will certify the case is ready for a hearing. A Circuit Court judge will then hold a final hearing for dissolution of marriage.
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References
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