Before filing a divorce case,you need to understand some basic law requirements such as residency,grounds and the rights of the spouses and the children. The court must establish that it has jurisdictional powers to hear and determine a case before accepting the papers.
The spouse applying for a divorce must have been a resident of Wisconsin state for at least six months and in addition,he or she must be a resident of the county in which he is filing for at least 30 days. Upon filing the divorce,the applicant will wait for 120 days before scheduling a hearing of the petition,according to [dcl=7191].
Grounds for Filing for a Divorce
The petitioner in the case must cite necessary grounds upon which the divorce is being filed. The ground should be such that it is agreeable by both parties and each party must be able to substantiate. Here are some of the common divorce grounds that you may invoke when seeking for a divorce:
Irreparable breakdown of the marriage.
If both of the parties in the case have stated under an oath or affirmation that they marriage is irretrievably broken,or that spouses have lived separately for 12 months running or more,the court will make a determination that the marriage is broken beyond repair. If only one party has affirmed in an oath,the court may have to consider other factors,including the circumstances.
The spouse filing the case is the petitioner and they may jointly file a divorce petition under an uncontested divorce.
The Matters to be considered
The issues to be determined in a divorce case may vary depending on the extent of agreement or otherwise on the underlying matters. Contested divorce cases often come with many issues that the parties may not have been able to agree on during mediation. some of the issues may include child visitation,child support,alimony,property sharing among others.
Primary Documents in a Divorce Case
There are numerous documents and paperwork that will be needed when filing a divorce case. These are the basic documents that one needs to use to commence and conclude a divorce are a petition and a divorce decree. Other paperwork may include proposed parenting plan,a marital settlement agreement,and a financial disclosure statement.
Get an Aggressive[dcl=7191]
The Divorce laws in Wisconsin can be a bit complicated,requiring a knowledgeable divorce lawyer to interpret the provisions and the limitations. To increase the likelihood of getting the best settlement,a[dcl=7191]will figure out the best options,including an out of the court process if that is what will guarantee the best results.