Law

Things to know about getting divorced in Madison

No matter what people tell you, filing for divorce is an emotional decision with numerous implications. To file for divorce in Madison, at least one of the spouses must be a resident of Wisconsin for a minimum of six months. Also, one of the spouses must be a resident of Dane County for 30 days prior to filing. Understanding the legal aspects of a divorce can be tough, which is why lawyering up is so important. Talk to a couple of known divorce attorneys in Madison, WI, to understand things better. For your help, here are the things you must know about ending a marriage in the state. 

  1. Wisconsin is a no-fault state. This means you can file for divorce stating that the marriage is irretrievably broken. You don’t need the consent of your spouse to file for divorce, and if your spouse wishes to contest the divorce, they can do so. Marital misconduct or proving that your spouse was wrong is not needed.
  2. There is a waiting period. In Wisconsin, you have to wait for at least 120 days to get a divorce. This is the minimum waiting period. There are other factors that could delay a divorce, such as your spouse’s lack of cooperation or the overall burden on the county courts. 
  3. The court may appoint a Guardian Ad Litem. A Guardian Ad Litem assigned by the judge to investigate your case with regard to child custody matters. The attorney will meet your child, and your spouse and will also talk to other key people, including family members, therapists, and school teachers. Based on the investigation findings, they will make a recommendation to the court. 
  4. Divorces can be expensive. If you and your spouse are in agreement on key issues, getting a divorce doesn’t have to be expensive. No matter the situation, you could benefit from hiring an attorney. Lawyers in Madison charge anywhere between $200 and $500 per hour. You can get an estimate in advance. 
  5. There could be a temporary order hearing. This is a court hearing, usually scheduled within 45 days of initiating the divorce proceedings. If the couple agrees on things like maintenance, child support, child custody, and property division, things are unlikely to be messy. Otherwise, the court will give temporary orders for the period until the divorce is finalized. 

Talk to a lawyer to understand how you can finalize your divorce sooner in Madison.

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