Law

Contested divorce in Milwaukee: Things to know

Wisconsin is a no-fault divorce state. This means that you don’t have to accuse your spouse of marital misconduct or cruelty to get a divorce, and that definitely simplifies things for couples contemplating the decision. If you are filing for divorce in Milwaukee and your spouse doesn’t agree on key issues or doesn’t want to end the marriage, it would be a contested divorce. In Wisconsin, the mandatory waiting period to get a divorce is 120 days, and yet, many divorces take much longer. Here’s what you need to know about contested divorce in Milwaukee

Contested vs. Uncontested Divorce

Understanding how things work in an uncontested divorce can help you comprehend a contested divorce better. For instance, if you file for divorce and your spouse wants the same, both parties can negotiate the key aspects (child custody, maintenance, child support, asset distribution, etc.) and come to an agreement. This is an uncontested divorce. You and your spouse, with the help of respective attorneys, will file the paperwork jointly, and the sooner you can discuss and negotiate matters, the sooner you can get a divorce. If your spouse doesn’t agree to any of the key issues, you will have a contested divorce. 

What if your spouse doesn’t want a divorce?

Saying the marriage is irretrievably broken is the only ground for divorce in Wisconsin. Even if your spouse refuses to give a divorce, you can still get divorced. In other words, your spouse cannot legally force you to continue with the marriage. 

Dealing with a contested divorce

Typically, contested divorces in Wisconsin go through the litigation process, which means that you and your spouse leave it to the court to decide on aspects and matters that you cannot agree upon. There are certain disadvantages of a contested divorce. Firstly, the process will take much longer because the court will take its time and allow more time for mediation. Also, you may not get the outcome that you deserve. Lawyers also tend to charge more for contested divorces, which will eventually add to the financial stress. 

Get an attorney

Your spouse may feel cheated or surprised after the divorce papers are served, and it only makes sense to ensure that you are not facing a contested divorce alone. In Milwaukee, family law attorneys know how things work in the county and can also help negotiate matters. Your lawyer is the best person and advocate you can have. 

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