How to File for a Divorce If My Spouse Left the State?

In order to file a divorce you need your spouse back in the state. However, you cannot force your spouse to come back to the state in order to start the divorce. If your spouse decides that he/she wants to continue to see your children, then the divorce could happen and you would want to talk about the divorce with him/her.

In McCarthy v. McCarthy, 146 Wis.2d 510, 431 N.W.2d 706 (Ct. App. 1988), it was discussed that Wisconsin courts may exercise jurisdiction over a nonresident defendant if the defendant is engaged in substantial and not isolated activities' within Wisconsin. The court's inquiry into the nature of the defendant's activities must be made in light of due process.

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