March 31


Five facts about uncontested divorce in Waukesha

You have decided to file for divorce in Waukesha and are now looking for help with Wisconsin laws. Wisconsin is a strict, no-fault divorce state, which means that you don’t have to accuse your spouse of the situation. You have the choice to go for an uncontested divorce, which is when you and your spouse are in agreement on most legal matters of concern. Such matters include the division of assets, alimony, child custody, and child support. Here are five things to know about uncontested divorce in Waukesha.

  1. You should hire an attorney. While you can proceed on your own, hiring a Waukesha divorce lawyer is always a wise idea. The good news is many divorce lawyers in the state work on a fixed rate for uncontested divorces, which means you don’t have to spend huge on legal representation.
  2. You need to wait for at least 120 days. In almost every other state, there is a cooling-off period for divorces between the filing date and the final hearing. In Wisconsin, the mandatory waiting time is 120 days, and this is applicable for uncontested divorces too.
  3. There are factors that can delay your divorce. If the paperwork is not done right, your uncontested divorce may take time, which is one of the reasons to engage an attorney. Some county courts are more burdened than others, which can delay things further. An uncontested divorce can generally take between four to eight months.
  4. You need to get the marital agreement right. Work with an experienced attorney to draft the marital agreement based on what you have discussed with your spouse. Make sure you talk about everything in detail and don’t have any room for confusion, or else the judge may not accept the agreement.
  5. You could save money and time. Apart from the fact that an uncontested divorce takes lesser time, you can also save money that is otherwise spent on a contested divorce. Even if you and your spouse have a rift, it is still better to negotiate and talk about the solutions outside of the court, which will help avoid a public conflict.
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There is also no denying that an uncontested divorce allows the couple to remain cordial and at least on talking terms in most situations, which could be beneficial for the rest of the family. Talk to an attorney about initiating an uncontested divorce and be honest about how you would like to proceed with key issues.


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