What is an uncontested divorce in Wisconsin?

Wisconsin law allows spouses to divorce using the uncontested divorce process. An uncontested divorce in Wisconsin is available to couples who can agree on all aspects of divorce including child custody, visitation, division of assets, health insurance coverage, and alimony. An uncontested divorce is typically faster and more affordable than a contested divorce proceeding.

Uncontested Divorce in Wisconsin

Divorce is not an easy process, but getting a divorce in Wisconsin can be easier when both spouses are in agreement on the major issues. When this occurs it is called an uncontested divorce instead of a contested or litigated divorce.

For example If John and Mary are getting a divorce in Waukesha County Wisconsin they can file either separately or jointly. To file an uncontested divorce John and Mary will be filing the divorce petition jointly with the Waukesha County Clerk of Courts. They will file form FA-4111 after they both have signed the form.

When Mary and John file the petition for divorce jointly they are signalling to to the court they are filing an uncontested divorce and agree on all the major issues.

They will already have agreement on how John Jr., their son, will spend time with both Mary and John. This will be documented in the form FA-4147 proposed parenting plan. Since Mary will be staying in their Brookfield home and John Jr. will be staying in the Brookfield home Mary and John will have an agreement on how much child support John will be paying Mary.

After documenting all division of assets, property and debt they will appear in court and present their proposal to the judge. At this point, as long as the judge does not see any major issues with the agreement, he will grant the uncontested divorce and declare the spouses divorced so they can begin moving forward.

The major benefit to the uncontested divorce process is having control over the conversations as fewer parties are involved with the process as an uncontested divorce does not necessarily require an attorney for both spouses, there are fewer third parties involved with the process as well. In many divorce case each couple will need an attorney, a GAL will be appointed by the court for the child, real estate appraisers are involved and financial advisors are involved for valuing retirement accounts. All of these individuals are at the expense of the spouses getting a divorce.

If possible it is better to find a method to communicate and work through the issues if you want to save money. Finding this communication also allows for couples to feel better with the outcome as the process is less bloody.

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