Guide to Finding Wisconsin Divorce Lawyer

Divorce can be a stressful process. When two spouses decide to temporarily or permanently separate, they can often complete this process without consulting a Wisconsin divorce lawyer. There are many things to take into account when you and your spouse decide to terminate your marriage. Before talking to any Wisconsin divorce lawyers, here are a few things to keep in mind.

Divorce in Wisconsin

To legally apply for a divorce, one or both spouses must have lived in the state for a least six months. When a plaintiff files a petition with the local family circuit court, their spouse can agree to the divorce and waive their right to dispute the complaint. This is known as an uncontested divorce. Couples can also have a WI divorce lawyer review their joint petition for divorce. In these kinds of cases, an agreement can be reached over child support payments, distribution of shared property and other issues without requiring a judge to make a ruling.

These kinds of separations often do not need a Wisconsin divorce lawyer to be completed. Couples who have difficulty resolving the details that must be considered with any divorce are more likely to need private legal counsel. This does not necessarily mean you will need a WI divorce lawyer to appear on your behalf in court. Throughout the pretrial process, court-supervised negotiations will attempt to get both spouses to finalize an agreement to submit to the court. These informal sessions frequently benefit from the mediation of a WI divorce lawyer.

Some couples may need to separate but do not wish to divorce may consider “legal separation.” A Wisconsin divorce lawyer can help prepare for this kind of paperwork, which resolves all the issues involved in divorce without finalizing the separation of the two spouses. Couples who may wish to file for this kind of legal separation include:

• People who do not believe in divorce for religious reasons

• Couples who are uncertain whether they wish to separate for good

• Couples who wish to separate but retain joint insurance coverage

Areas of disagreement

Wisconsin divorce lawyers can be helpful in leading both spouses to some kind of agreement over such issues as:

• Alimony payments

• Child support payments

• Child custody arrangements

• Visitation rights

• Division of property

When no mutually satisfactory agreement can be reached, both parties will appear in court. Here, spouses may represent themselves or hire a WI divorce lawyer to argue on their behalf. A judge will issue a legally binding ruling. WI divorce lawyers will take many things into consideration, such as:

• The duration of the marriage

• The standard of living both spouses and any children were accustomed to during the marriage

• The age, health and ability to be self-sustaining of all involved parties

• The needs and wishes of the children

• The tax implications of any alimony or child support payments for both parties

Regardless of the type of separation a Wisconsin divorce lawyer files for, 120 days must pass from the time the complaint is lodged before a judge will finalize the procedure.

Even if one spouse objects to the divorce, the person filing for separation does not have to prove any wrongdoing. Both parties may agree to a no-fault termination of their marriage negotiated by a WI divorce lawyer. Couples who have lived apart for a year or longer can also apply for divorce without proving any wrongdoing on their spouse’s behalf.

When to hire a Wisconsin divorce lawyer

If you need to end your marriage, it is important to try to cooperate with your spouse as much as possible. Being able to agree on the terms of separation will help make the process less difficult and considerably less expensive. Wisconsin divorce lawyers can review the paperwork of any couples who can draft an agreement themselves but want to make sure it is legally correct.

Should it become clear that no settlement agreement can be reached, you will need to prepare for family court. Both parties can represent themselves but will probably wish to consult their own WI divorce lawyer. Ask friends and family if they can recommend any attorneys they have successfully worked with who has experience with your type of case. The State Bar of Wisconsin can also recommend qualified WI divorce lawyers.

Prepare for your first meeting with any attorney by checking their disciplinary record online. You may need to interview several WI divorce lawyers before you find someone you trust to represent you in family court. Arrive with as much relevant documentation as possible and prepare a list of questions, such as:

• What is your level of experience with my kind of divorce dispute?

• If you do not have any specialized knowledge about my problem, can you refer me to a more experienced Wisconsin divorce lawyer?

• What can I realistically expect from the legal process?

• How long will my case to resolve?

• How often will I be notified about any progress made on my case?

• Who can I contact if I have any questions?

Ask any WI divorce lawyers you contact you to document their plan and the proposed timeline of the case. You should also ask about payment arrangements at this time. Wisconsin divorce lawyers should be prepared to write down a list of any expense you can expect to incur and explain any potential charges you do not understand. Make sure to also find out how often you will be billed by any WI divorce lawyers, and on what terms:

• By the hour

• A flat fee

• For each service performed on your behalf

• A regular retainer fee

Establishing the terms of your professional relationship at the outset will help you to avoid attorney-client friction later on. You want your Wisconsin divorce lawyer to focus on your case rather than getting into any avoidable disputes.