Divorce is never an easy process, but a contested divorce can be particularly challenging. If you are considering filing for divorce in Wisconsin, it’s crucial to understand the legal process, your rights, and your responsibilities. This comprehensive guide will help you navigate the complexities of a contested divorce in Wisconsin and provide insights and recommendations on how to achieve a favorable resolution. If you still have questions or are looking for expert legal advice as you face contested divorce, contact the Ohiku Law Office, expert divorce attornies in Milwaukee, today.

What is a Contested Divorce and When is it Necessary to Seek One?

A contested divorce occurs when spouses cannot agree on one or more issues, such as property division, child custody, child support, or spousal support. In these cases, the court must step in to make decisions on behalf of the couple. A contested divorce may be necessary when:

• Communication between spouses has broken down, making it impossible to reach agreements.
• There are significant disagreements regarding the division of assets, debts, or other financial matters.
• There are disputes over child custody, visitation, or support.

Initial Steps to Take When You Decide to File for a Contested Divorce in Wisconsin

Consult with an experienced family law attorney: Before taking any legal action, it’s essential to consult with an attorney who specializes in divorce and family law. They can help you understand your rights and responsibilities and guide you through the contested divorce process.

• Prepare and file the necessary paperwork: To initiate a contested divorce in Wisconsin, you’ll need to file a Summons and Petition for Divorce with the appropriate county court. Your attorney can help you complete and submit these documents.
• Serve your spouse with divorce papers: After filing, you must serve the divorce papers on your spouse, either personally or through a professional process server. Your spouse then has 20 days to file a response.
• Attend mandatory parenting classes (if applicable): If you have minor children, Wisconsin law requires both parents to attend a parenting class before the court will finalize the divorce.

How Wisconsin Laws Handle Property Division, Child Custody, Child Support, and Spousal Support in Contested Divorces

• Property division: Wisconsin is a community property state, meaning that marital assets and debts are generally divided equally between spouses. However, the court has the discretion to make adjustments based on factors such as the length of the marriage, each spouse’s contributions to the marriage, and each spouse’s earning capacity.
• Child custody: The court will determine child custody based on the best interests of the child, considering factors such as the child’s age, each parent’s ability to care for the child, and the child’s relationship with each parent.
• Child support: In Wisconsin, child support is calculated using a percentage of income standard, which considers the non-custodial parent’s income and the number of children they are supporting.
• Spousal support: The court may award spousal support (also known as alimony or maintenance) based on factors such as the length of the marriage, each spouse’s earning capacity, and the needs of each party.

Differences and Similarities Between a Contested Divorce and an Uncontested Divorce

While both contested and uncontested divorces result in the dissolution of a marriage, there are key differences in how they are resolved:

• Agreement: In an uncontested divorce, the spouses agree on all issues, while in a contested divorce, disagreements must be resolved by the court.
• Cost: Contested divorces are typically more expensive than uncontested divorces due to increased legal fees and court costs.
• Time: Contested divorces often take longer to resolve, as they require court intervention to settle disputes.

However, both types of divorce require filing paperwork, serving the documents on the other spouse, and following Wisconsin’s divorce laws and procedures.

Legal Proceedings That Take Place During a Contested Divorce

• Discovery: This is the process of gathering information and evidence to support your case. Both parties may request documents, ask questions, or take depositions to build their arguments.
• Custody evaluations: If child custody is disputed, the court may order a custody evaluation to assess each parent’s ability to care for the child and recommend custody and visitation arrangements.
• Mediation: Before going to trial, the court may require the spouses to participate in mediation in an attempt to resolve their disagreements outside of court.
• Trial: If the parties cannot reach an agreement through mediation, the case proceeds to trial, where a judge will hear arguments and make decisions on the contested issues.

The Role of Attorneys, Judges, and Other Professionals in the Contested Divorce Process

• Attorneys: Family law attorneys play a crucial role in representing their client’s interests during a contested divorce. They provide legal advice, prepare and file necessary documents, and advocate for their clients in court.
• Judges: In a contested divorce, the judge makes decisions on property division, child custody, child support, and spousal support after hearing both parties arguments.
• Other professionals: Depending on the complexity of the case, other professionals such as financial experts, appraisers, and mental health professionals may be involved in the contested divorce process.

Navigating a contested divorce in Wisconsin can be challenging, but understanding the legal process and working with experienced professionals can help you achieve a favorable resolution. Consult with a knowledgeable family law attorney to ensure your rights and interests are protected throughout the divorce process. If you’re in the greater Milwaukee area and looking for legal help, click here to learn more about The Ohiku Law Office and how we can support you. 

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.