Although Wisconsin does recognize annulments in some  limited situations (such as a marriage induced by force, duress, or fraud, a spouse not old enough to give consent, etc.), a very short marriage is not by itself sufficient to obtain an annulment. You should consult an attorney to determine whether an annulment is an option. 

At the outset of a divorce case, or at some later point if the need arises, either spouse can file a motion for a temporary order if the parties can’t agree on issues like payment of bills and placement of the children while the divorce is pending. The Court will schedule a hearing (often in front of a court commissioner) and each side will have the opportunity to put on evidence and present argument as to the issues. The Court will then issue an order which will control those matters until the final hearing of the divorce.

Under Wisconsin law, there is a minimum waiting period of 120 days (sometimes referred to as the “cooling off period”) after the petition for divorce is served on the other spouse before a final judgment of divorce can be entered.

During the divorce process, each spouse is required to fill out and exchange with the other spouse a financial disclosure statement. This statement, which is signed under oath, requires each spouse to identify all of their income, assets, liabilities, and other financial matters. An attorney can assist in conducting discovery (such as the taking of depositions and serving subpoenas to obtain documents) to locate assets and information which are not voluntarily disclosed by your spouse.

Wisconsin courts presume that all property except property acquired by gift (other than from the other spouse) or by reason of the death of another (such as life insurance proceeds or an inheritance) is to be divided equally between the parties. However, courts may alter that presumption based on factors such as: the length of the marriage; the property brought into the marriage; any assets belonging to one party and not subject to division by the Court; the contribution of each party to the marriage; the age and health of the parties; the contribution of one party to the education, training, or increased earning capacity of the other party; the earning capacity of each party and the time and expense necessary to become self-supporting; each party’s custodial responsibilities for children; the desirability of awarding the family home to the party with primary placement of children; the amount and duration of any maintenance order; other economic circumstances such as pension benefits; the tax consequences to each party; a written agreement made by the parties; and such other factors as the Court may deem relevant.  If the parties are unable to reach an agreement as to how the assets and debts will be divided, then the Court will decide.

Many people face the same situation and that will not prevent a divorce from moving forward. An attorney can assist with fairly dividing these assets. For example, a Qualified Domestic Relations Order (“QDRO”) is a frequently used mechanism to divide or transfer retirement accounts between spouses.

These terms are often confused. In Wisconsin, “child custody” refers to the right to make important decisions about your child’s well-being, such as medical decisions, choice of religion, choice of school, etc. In most cases, the parents will be awarded “joint custody,” meaning they will both participate in those decisions. “Child placement” refers to the period of time each parent will have with the child. In some cases, the placement will be split close to 50-50, which is often referred to as “shared placement.” In other cases, one parent will have the children for a more significant amount of time, referred to as “primary placement.” In those cases, the other parent will usually be awarded periodic placement.

The Court will decide. If you have attempted to work out a child placement schedule with your spouse but are unable to reach an agreement, the Court will typically order that a child custody evaluation be performed. This will entail an investigation by trained staff as to existing conditions in each parent’s home, ultimately resulting in a recommendation to the Court on a placement schedule. The Court may also appoint a guardian ad litem, who is an attorney specifically appointed to advocate for the best interests of the children. Responsibility for the guardian ad litem fees is often split between the parents.

There are legal standards courts apply to determine the amount of child support a parent will pay. The main factors will be the amount of time the child is placed with each parent, the respective incomes of each parent, the individual needs of the child, and the number of children in the family.

In cases where there is a disparity in income or earning capacities between the spouses, the Court may award “maintenance” (also known as alimony) to equalize the standard of living between the spouses for some period of time. The longer the marriage, the stronger the argument a spouse will have for maintenance. In some cases, a spouse may agree to a reduced share of the property distribution in exchange for a waiver of maintenance from the other spouse.

Not necessarily. The majority of cases result in the parties reaching a Marital Settlement Agreement, which is incorporated into a judgment of divorce and which reflects an agreement on all the issues between the parties. If the agreement is fair and both spouses approve it, the Court will in most cases approve it. For uncontested divorces where a Marital Settlement Agreement is reached, the final hearing will usually take a half hour or less.

No, as long as both spouses want to reconcile. Wisconsin courts may suspend all orders and divorce proceedings for parties who want to explore reconciliation. The divorce case will be dismissed before a judgment of divorce is granted, if both parties agree to dismissal.

Yes; you can request the Court restore your prior name as part of the divorce proceedings. However, you will still need to follow up after the divorce is entered with the DMV, Social Security Administration, your bank, etc. to get the name change applied for your daily activities.

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At the conclusion of the final hearing (which will either be uncontested if the parties entered into a Marital Settlement Agreement, or contested if the parties were unable to resolve all their disputes), the Court will enter a judgment of divorce. The judgment will incorporate the Marital Settlement Agreement or the findings of fact made at trial. The judgment will control matters such as property distribution, child support, child custody and placement, etc.

A party who disagrees with the Court’s final rulings in a judgment of divorce can file an appeal with the Wisconsin Court of Appeals. Depending on the issues and circumstances, however, it may be difficult to have the judge’s decision reversed. Having a qualified attorney represent you throughout the divorce proceedings may reduce the likelihood you would need to appeal a decision.

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If circumstances have changed since the judgment of divorce was entered, a party may file a motion to modify the judgment of divorce in the circuit court where judgment was originally entered. The significance in the change in circumstances and the amount of time that has passed since the divorce was originally entered will affect your chances of having the judgment modified. Child support will normally be subject to adjustment based on changes in the payor’s income.

Although there are some differences between paternity proceedings and divorce proceedings, the general process is the same in that it will result in court orders that will determine child custody, child placement, and child support.

Yes. Wisconsin permits parties to obtain a legal separation, which follows a similar process as a divorce with some distinctions. Because the Court will be making the same kinds of decisions as in a divorce, such as property division, child support, child placement, etc., a spouse seeking a legal separation should consider retaining an attorney to help with the process.

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Yes, our attorneys draft and review prenuptial agreements for individuals who wish to protect their assets in the event of a divorce. To increase the likelihood that a prenuptial agreement will be enforced, it is strongly recommended that you consult with an attorney familiar with these types of agreements as early as possible before your anticipated wedding date. Wisconsin law also permits spouses to enter into similar agreements after they are married. Those agreements are referred to as “postnuptial agreements” or “marital property agreements.”