What Do I Do If My Spouse Served Me with Divorce Papers in Wisconsin?

 Posted on October 29, 2024 in Divorce

Being served divorce papers – particularly when you had no idea your spouse wanted a divorce – can be devastating. You may wonder what you need to do immediately as well as how the months ahead should be managed to safeguard your future. Especially as it relates to financial decisions, the choices you make and the concessions you give "just to get it over with" can have long-term, adverse repercussions.

Having an experienced Oconomowoc, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP who can answer all your questions and help you focus on the best options helps to ensure the best outcome possible. While it is understandable that being served with divorce papers has left you reeling, this is not the time to bury your head in the sand. Taking decisive, informed action is your best defense during this difficult time.  

What Should You Do First After Being Served with Divorce Papers?

Your first step should be to hire an experienced divorce attorney. This is not a time when you should attempt to DIY your divorce. There is too much at stake, and a simple mistake can have far-reaching implications. Many people ask friends, family members, and co-workers for a divorce lawyer referral, while others will look online to choose an attorney.

Either way, make sure you feel comfortable with your chosen attorney as you will be sharing intimate details of your marriage with him or her and will be spending a considerable amount of time together as you go through the divorce process. Once you have been served, you have 20 days to provide a written response and counterclaim to the Court and opposing party.

Your divorce attorney will explain the specific allegations and requests made in the divorce complaint. Your answer to the divorce petition will include:

• A verification that affirms your answers are true and accurate.

• A response to each allegation in the divorce petition that denies the allegation or admits the allegation.

• If you have defenses to the divorce that include duress, fraud, or lack of jurisdiction, these can be raised in your answer.

• Finally, you will include a request for relief, which involves asset division, child support, child custody, and spousal support (all the things you would like to have in the divorce).

What Comes Next in the Divorce Process?

Wisconsin requires a mandatory 120-day waiting period before the final hearing, so you should expect your divorce to last from nine months to a year or more due to the waiting period and court scheduling issues. If you have no children and your divorce is very simple, it could take less time, but a year to finalize a divorce is fairly common.

Temporary orders may be necessary to determine where you and your spouse will live, how the children will be financially supported, when each parent will have time with the children, and who will pay the monthly family bills. These temporary orders will remain in effect until the finalization of the divorce issues. Mediation may take place during the six-month waiting period, or your attorney and your spouse’s attorney may be going back and forth over the division of assets, child custody, child support, and spousal support unless you and your spouse can agree on these issues.

Any issues that cannot be resolved through mediation or between the spouses and their lawyers will be set for trial. The more unresolved issues, the longer the trial will take. It generally benefits spouses to work out these issues on their own since neither spouse may like what the judge decides, but this is not always possible. Once the issues are decided and the six-month waiting period is over, the divorce can be finalized.

Contact a Milwaukee County, WI Divorce Lawyer

Divorce is a stressful time, which is made easier by having a knowledgeable Milwaukee, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP. Being served with divorce papers when it was unexpected makes the process even more emotionally difficult. Our divorce attorneys have significant experience in all aspects of Wisconsin divorces while also making a point of providing exceptional client experience. Call 262-232-6699 to schedule your free consultation; we are available seven days a week, 24 hours a day.