Divorce Litigation in Wisconsin
When spouses divorce and can not find agreement the divorce will go through the litigation process. This happens most often when alimony, property division, child custody, and or child support negotiations become contentious. The litigation process is an open court process where evidence is presented to a judge who makes a final ruling absent a settlement.
Many divorce cases don't need to go through litigation, but during high conflict cases, litigation is the best way to protect yourself and your children. In every divorce, both sides must compromise, but a litigation attorney can ensure you get more of your must-haves. When your spouse is unwilling to negotiate reasonably and has become aggressive or unresponsive we can help facilitate and eventually compel your spouse to settle using litigation tactics granted by the court.
Is Divorce Litigation Right for You?
The divorce litigation process is the correct path when you and your spouse are not communicating well. If there is a high level of conflict on specific issues such as child custody and placement, child support, alimony, dividing assets, debts, retirement accounts and or real estate the divorce litigation process will be the best way for you to protect yourself.
This is also a good option when domestic violence, a mental health issue and or substance abuse is a concern.
What are the benefits of divorce litigation?
- Protect your children and yourself when domestic violence or substance abuse is present
- Maintain your rights and financial future during high conflict cases
- Ensure you are not getting the wool pulled over your eyes by a manipulative spouse
- Get some peace of mind with an experienced litigation attorney in your corner
How Divorce Litigation Works in Wisconsin
Step 1: File the Action with the Court
Step 2: Serve the Other Party
Step 3: Get a Temporary Order (if needed)
Step 4: Complete Co-Parenting Programs and Co-Parenting Agreements (when children are involved)
Step 5: Request a Settlement Conference Date
Step 6: Complete the Marital Settlement Agreement or Request a Trial Date
Step 7: Complete & Submit the Final Divorce Decree
Step 8: Complete QDRO Process to Legally Separate Assets & Debts
References: Characteristics of a High Conflict Case
Divorce Options that Work for You
There are three basic types of divorce. The first step in obtaining a Wisconsin divorce is deciding which process is right for you.
- Personal Collaborative Attorney
- Non-adversarial Negotiations
- One Quick Court Appearance at the End
- Shorter Process than Litigation
- More Affordable than Litigation