What is Absolute Divorce?
Absolute divorce is the complete dissolution of the marriage contract between the divorcing parties. In Wisconsin, there are two types of divorce available to a party. The first one is the most common type which is called an “absolute divorce” while the second one is known as “divorce by bed and board.”
When Can Absolute Divorce Be Granted?
One of the most common misconceptions is that a party can institute an action for divorce in court for any reasons. Well, this is wrong because under the current state laws, there are only two grounds wherein a decree of absolute divorce may be granted. The first one is called a “no-fault divorce” wherein any of the spouses may institute a divorce complaint in court after the husband and wife have lived separately from each other for at least one year. The second one is by reason of incurable insanity by one of the parties in the marriage to be dissolved.
What Needs To Be Stated In The Complaint?
There are two grounds for the grant of absolute divorce: separation for a statutory period of one year and/or incurable insanity of the wife or husband. In this type of hearing, the burden of proof lies with the party alleging the ground. This means that he or she must present the necessary document to prove all the material allegations in the complaint. During this time, it is imperative for a particular party to hire the services of a divorce lawyer.
Why Is There a Need for a Lawyer?
One must be reminded that the presence of a lawyer during the hearing and trial of a civil case is very important. The lawyer is the professional who is highly knowledgeable in the field of law. He or she can aid the client's claims and reliefs prayed for. If you are in need of a lawyer to represent you, make sure that you choose the effective and efficient one. The choice of an attorney will either make or break your case so you need to do it the right way. You can ask for some recommendations from friends if needed.
What Precautions Should Be Known When Filing for Absolute Divorce?
It must be noted that the case must be filed in a court that has territorial jurisdiction to decide on such matter. This is the reason why there is a requirement for a filing party to state in the pleading that he or she has resided in the state where the court is located for at least six months. When a court without jurisdiction hears a divorce complaint, any decision, order or resolution that will be issued by the judge will be considered as null and void.
References: Meaning of Absolute Divorce
Divorce Articles & Frequent Questions
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