I Want a Divorce: Now What?

A few general principles under Wisconsin divorce law can help you begin to understand the basic process.

2013-01-19

January 19, 2013 (Press-News.org) As expected, many individuals believe that their marriage will last an eternity. With this expectation comes the lack of knowledge regarding divorce. Nevertheless, divorce happens and if your marriage falls apart, it is extremely important to understand your legal rights and obligations. You never thought you would be here, but you are and you have to know what to do.

There is no such thing as an "ultimate divorce guide," as every end to a marriage is unique. Even so, there are a few general principles under Wisconsin law that can help you begin to understand the basic process.

Jurisdiction

First, you can only file for divorce in the state of Wisconsin if you have been a resident for at least six months. Furthermore, your residency must total 30 days or more in the county in which you file. This means that you may have to wait a little while before beginning the process if you are new to your town.

Commencing a divorce

Divorce begins with the filing of a petition and summons. The petition for divorce provides the court with a factual explanation of the marriage and states the desired outcome of the divorce. The summons notes that a response must be filed within 20 days. After one spouse files the petition and summons with the court, these documents are given to the family court commissioner (in some counties) and to the other spouse. This is called service.

Sometimes, the court issues temporary orders once the divorce has been filed. These orders lay out the rules that each spouse must follow until the final divorce hearing. Generally, these instructions concern issues relating to children. For example, orders may discuss temporary child custody arrangements or provisional support orders.

Grounds for a divorce

In Wisconsin, the only basis for divorce is that the marriage is "irretrievably broken," meaning that a couple can find no way to resolve their differences. In this state, if you desire a divorce and your spouse does not, this is typically enough legal evidence to suggest that a marriage is unsalvageable, and court will probably conclude that the marriage is broken.

Length of procedure

Ending a marriage is stressful. You may wonder how long you must endure the tumultuous dissolution process. Unless the court makes an exception for an emergency, you can expect your case to last at least four months. This period must pass between the serving of the initial papers and the final hearing. Most divorces take longer; however, if you work with an experienced Wisconsin family law attorney, this can help expedite the process. A divorce is official at the final hearing.

Ultimately, the length of the process will depend on the complexity of your case. Issues such as child custody, child support, spousal support, property division and other matters that relate to your marriage may be considered.

Depending on your particular situation, you can work collaboratively with your ex-spouse to help expedite the progression. Nevertheless, it is always a good idea to have a divorce lawyer by your side. An attorney can serve as your advocate and help make a divorce favorable to your circumstances.

These are just the basics of the process. If you would like to learn more about divorce, you should contact a knowledgeable family law attorney in your area.

Article provided by Magner, Hueneke, Smith & Borda, LLP
Visit us at www.mhslaw.net/

ELSE PRESS RELEASES FROM THIS DATE:

Bad for Road Safety; Texting While Driving Legal in the Sunshine State

2013-01-19

The federal government has centralized distracted-driving data from a variety of sources on its website devoted to preventing this behavior, reporting such findings as: - Texting while driving increases the risk of having a car accident by a disturbing 23 times. - Texting removes a motor-vehicle operator's eyes from the roadway on average for 4.6 seconds, which is enough time to drive a football-field length at 55 mph. - Driving and "using a cell phone reduces the amount of brain activity associated with driving by 37 percent." Almost all states have legislation ...

Reputation Advocate Cites Online Attacks of Iowa Dentist as a Warning

2013-01-19

According to Steven Wyer, Managing Director at Reputation Advocate, Inc., Dr. James H. Knight hails from Fort Dodge, Iowa where he was a popular dentist. His personal integrity is now under scrutiny after terminating an employee for dressing too provocatively. The firing took place at the request of Dr. Knight's wife who felt Melissa Nelson was becoming too attached to the dentist and believed her to be a threat to the marriage. What happened next is a cautionary tale for all professionals. Dr. Knight's practice was pacing steadily, with Knight no doubt looking forward ...

Staten Island Mold Inspection Company Updates Professional Certifications, OSHA Registrations, FEMA Registrations for Hurricane Sandy Relief Efforts

2013-01-19

New York Mold Inspection, Mold Testing, and Mold Removal Company adopts the latest OSHA standards for occupation during their mold remediation processes. Mold abatement experts are bound to encounter not just mold spores, but asbestos and a whole slew of other biological contaminants during the mold remediation process. For this reason, OSHA has come up with standards that must be followed during any mold remediation project. The safety precautions also spillover into what it means for a home or business owner. The mold testing experts will decide along with the homeowner ...

UA explores promoting teen health via text message

2013-01-18

Teenagers spend a lot of time texting, receiving an average of 3,417 texts a month, or 114 per day, according to the Nielsen consumer research group. A new study from the University of Arizona looks at the feasibility of using text messaging to deliver educational information about nutrition and physical activity to teens. The study, which appears in the January-February issue of the Journal of Nutrition Education and Behavior, looks at whether teenagers would be interested in receiving texts about health on their phones and how they would like those messages presented. Conducted ...

Abortions are safe when performed by advanced practice nurses and physician assistants, study shows

2013-01-18

First trimester abortions are just as safe when performed by trained nurse practitioners, physician assistants and certified nurse midwives as when conducted by physicians, according to a new six-year study led by UCSF. The study posted online today in the American Journal of Public Health in advance of the print edition. The publication comes a week before the 40th anniversary of the Roe vs. Wade, the landmark Supreme Court decision that made abortion legal in the United States. Currently in the United States, a patchwork of state regulations determines who can ...

Exposure to COI policies during residency reduces rate of brand antidepressant prescriptions

2013-01-18

Philadelphia – Psychiatrists who are exposed to conflict-of-interest (COI) policies during their residency are less likely to prescribe brand-name antidepressants after graduation than those who trained in residency programs without such policies, according to a new study by researchers from the Perelman School of Medicine at the University of Pennsylvania. The study is the first of its kind to show that exposure to COI policies for physicians during residency training – in this case, psychiatrists – is effective in lowering their post-graduation rates of prescriptions ...

Powerful people better at shaking off rebuffs, bonding with others

2013-01-18

Employees often tiptoe around their bosses for fear of offending them. But new research from the University of California, Berkeley, shows people in power have thicker skin than one might think. A UC Berkeley study has found that people in authority positions – whether at home or in the workplace - are quicker to recover from mild rejection, and will seek out social bonding opportunities even if they've been rebuffed. "Powerful people appear to be better at dealing with the slings and arrows of social life, they're more buffered from the negative feelings that rejection ...

Physical and sexual assault linked to increased suicide risk in military

2013-01-18

According to results of a new study by researchers at the University of Utah, military personnel experience increased risk of suicidal thoughts or actions if they were the victims of physical or violent sexual assault as adults. In contrast, undergraduate students experience increased risk of suicidal thoughts or actions if they were the victims of unwanted sexual experiences as children or adults. While other research has shown that victims of sexual or physical assault are at increased risk of health problems—including suicide—the majority of that work has focused on ...

Melt ponds cause the Artic sea ice to melt more rapidly

2013-01-18

The Arctic sea ice has not only declined over the past decade but has also become distinctly thinner and younger. Researchers are now observing mainly thin, first-year ice floes which are extensively covered with melt ponds in the summer months where once metre-thick, multi-year ice used to float. Sea ice physicists at the Alfred Wegener Institute, Helmholtz Centre for Polar and Marine Research (AWI), have now measured the light transmission through the Arctic sea ice for the first time on a large scale, enabling them to quantify consequences of this change. They come to ...

Which nutritional factors help preserve muscle mass, strength and performance in seniors?

2013-01-18

January 17, 2013--Nyon, Switzerland Sarcopenia, or the gradual loss of muscle mass, is a common consequence of ageing, and poses a significant risk factor for disability in older adults. As muscle strength plays an important role in the tendency to fall, sarcopenia leads to an increased risk of fractures and other injuries. The International Osteoporosis Foundation (IOF) Nutrition Working Group has published a new review which identifies nutritional factors that contribute to loss of muscle mass, or conversely, are beneficial to the maintenance of muscle mass. The Group ...

LAST 30 PRESS RELEASES:

New method to study catalysts could lead to better batteries

Current Molecular Pharmacology impact factor rises to 2.9, achieving Q2 ranking in the Pharmacology & Pharmacy category in 2024 JCR

Stable cooling fostered life, rapid warming brought death: scientists use high-resolution fusuline data reveal evolutionary responses to cooling and warming