For most people, the end of a marriage is a time of uncertainty. The most effective way to prepare for the process of dissolving your union is to understand the basics of divorce law. This information will help you know what to expect when filing, and what your rights and responsibilities are throughout the process. Below, Luke A. Weiland, Attorney at Law of Wisconsin Rapids, WI, answers some of the most common questions about these legal proceedings.

Divorce Law FAQs

What Are the Legal Requirements to File for Divorce?

Wisconsin divorce laws stipulate that at least one of the parties must be a Wisconsin resident for at least six months immediately before the action is filed and be a resident of the county in which they are filing for at least 30 days before submitting the petition. Because Wisconsin is a no-fault divorce state, no reason other than an irretrievable breakdown in the relationship needs to be provided as grounds for dissolving the union.

Will I Have to Pay Child or Spousal Support?

This depends on several factors. If you are the higher income spouse and are the noncustodial parent, meaning the children do not live with you the majority of the time, then you will likely be required to pay child support. Spousal support, or alimony, will be determined once many variables are taken into account, such as the income levels of both you and your spouse and how long you were married.

How Does it Take to Be Officially Divorced?

Wisconsin divorce law requires a 120-day waiting period between the date of filing and the date the final judgment is entered. A divorce without uncontested issues can be resolved within about four months. However, many separations involve distributing assets and establishing custody or visitation agreements. These negotiations can take time and often require a lawyer’s involvement.

Is Reverting to My Maiden Name a Separate Legal Process?

Technically, a name-change is a separate legal procedure, but Wisconsin divorce law allows this paperwork to be entered as part of the divorce judgment. Once the divorce is final, you will likely be permitted to use the name you've chosen.

Ending a marriage is never easy, but Luke A. Weiland Attorney at Law works with clients to make the process as straightforward as possible. This experienced attorney works on a wide range of legal issues that can be affected by divorce law, including wills and estates and real estate holdings. Call (715) 422-6808 to schedule a consultation, and visit the firm’s website for more information about their services. Follow them on Facebook or Twitter for more legal insights.