It was more than a hundred years back that it became one of the first states to recognize a ‘no fault’ divorce after a couple had lived separate for 5 years. Right now, it has a divorce rate of about 3.3 per 1000, lower than the national average and has lesser number of children living with single parents than the rest of the country. Now, that definitely makes one doubt the proposition being put forward by some people that liberal divorce laws are the reasons more families are breaking up.

The state of Wisconsin does not recognize a foreign divorce obtained in another jurisdiction if both the parties were domiciled in Wisconsin at the time of commencement of the proceedings. However, its own residency requirements demand that an action for divorce or legal separation can be brought in Wisconsin only if at least one of the parties has been a bonafide resident of the state for not less than 6 months and resident of the county, where the action is brought, for not less than 30 days prior to commencement of the action (s.767.001 (1) (c), (d)).

The party initiating an action for divorce is the Petitioner and the party responding to the action is the Respondent. If both the parties file together a joint petition they are called joint petitioners. A filed petition contains all vital marital and matrimonial details, the grounds, any written agreements and the relief sought. If only one party initiates, the other party is served with the summons and the petition, who, within 20 days of service may file a counterclaim. During the pendancy of the action, the court may make temporary orders concerning legal custody of minor children, payment of spousal and child maintenance, counseling of either or both parties or a restraining order.

In dissolution of a marriage, guilt was abolished when Wisconsin adopted no-fault divorces. The only ground for divorce and legal separation is a statement under oath or an affirmation that irretrievable breakdown of marriage has occurred or if the parties have voluntarily lived apart for 12 months prior to commencement of the action. If they have lived apart for less than 12 months and only one party states that the marriage has broken irretrievably, the court examines the circumstances which led to the filing of the petition. After that, if the court finds that there is a reasonable prospect of reconciliation, it may suggest or order counseling for the involved parties. If the court doesn’t find any prospect of reconciliation, it concludes that the marriage is irretrievably broken. A final hearing is generally not granted until after expiration of 120 days after service of summons upon respondent or filing of a joint petition.

In an action where minor children are involved, the court may order the parties to attend a program concerning the effects on a child of dissolution of marriage and educational classes on parenting.

Maintenance and support of the child and the spouse is determined under s 767.511 or 767.56. It is usually a fixed sum, unless the parties state that the amount should be expressed as a percentage of the payer’s income. It is arrived at by reviewing the needs of each party, the length of the marriage, the financial resources of each parent and the cost of childcare and education. It is subject to modification any time in light of new evidence.

So far as the division of property is concerned, there are a few laws to which the court adheres but every case is dealt with on an individual basis according to its unique aspects. Barring a few exceptions, only the property acquired after marriage is divided between the two parties. This division is usually equal and marital misconduct doesn’t cause any deviation from this rule. However, prenuptial agreements are also usually binding upon the court.

In an action for divorce, where the child custody is contested, the party seeking sole or joint legal custody has to file a ‘Parenting Plan’. This plan should provide all the information about the plans and place of employment of the party seeking custody, the education and childcare intended, major issues relating to the child such as religious commitments, healthcare provisions and relationship and communication of the child with the other parent. The custody and physical placement of the child are determined by the court after considering various factors like wishes of the child, his adjustment to home school and community and whether any of the party has a criminal record. The other party and even the grandparents may be granted visitation rights. The court may appoint a guardian ad litem for a minor child in any action for divorce if it finds it necessary for the welfare of the child, or, the legal custody of the child is contested. His or her appointment terminates when the court grants the final order.

The court usually encourages the parties to reach an agreement on major issues. However, all postnuptial agreements are stipulations and must have the court’s approval. Any party may withdraw its consent before its approval by the court and incorporation into the judgment. A divorce judgment is effective when granted but it is not legal for a party to marry again until 6 months after the judgment.

James Walsh is a freelance writer and copy editor. For more information about using online services to get a Divorce see http://www.quickie-divorce.com