In Wisconsin, divorce petitioners review all requirements for filing a divorce. However, some of the legal jargon can become confusing and lead to complications. Petitioners who are unclear about these requirements need guidance through this detrimental life event. The following are FAQs that a Divorce Lawyer in De Pere WI can answer.
What Grounds are Available and What are the Restrictions Applied to Them?
Only fault-based divorce grounds have certain restrictions or prerequisites applied to them. First, to use adultery as a divorce ground, the petitioner needs evidence of an extra-marital affair. For desertion or abandonment, the petitioner needs evidence that their spouse left them without any indication of returning to the marriage. This ground will also require service by the public if the defendant’s whereabouts are unknown. Incarceration or mental incapacity require that the spouse must be retained for at least two years in an associated facility. Finally, domestic violence or spousal abuse-based ground require police reports and physical evidence of this treatment.
What Happens If an Agreement isn’t Reached?
Mediation is an alternative step when couples cannot reach an agreement. The meeting can take several hours and weeks to complete. The size of the marital estate and the involvement of children can increase this duration. If the couple fails to reach an agreement, the next step is a divorce trial.
What are the Major Drawbacks of a Divorce Trial?
The process can take up to two years to complete. Both parties must refrain from starting new relationships as any acts of infidelity can apply to the case. The divorce trial is based on the availability of the court and the circuit court judge. The judge makes all final decisions about the divorce and neither party can change the final decision.
In Wisconsin, divorce petitioners need clear answers about their case when filing a motion. They need to assess any restrictions or limitations that apply to their case. They must also make every attempt possible to come to an agreement to avoid a divorce trial. Petitioners who need additional assistance can contact a Divorce Lawyer in De Pere WI at Brabazon Law Office LLC today.