Milwaukee Attorneys Guide Clients Through Uncontested Divorces

Wisconsin firm helps spouses avoid court by negotiating equitable settlements

Most divorces are difficult for spouses and their children, even if their relationships are relatively amicable. However, the adversarial nature of the legal system can put pressure on everyone involved. This is the reason so many couples today make every effort to opt for an uncontested divorce. At Hart Law Office in Milwaukee, we work with Wisconsin residents who are looking to settle all parenting and financial terms before entering the divorce process. Our experienced attorneys can advise you on the legal requirements associated with an uncontested divorce and safeguard your interests while negotiating a mutually agreeable resolution. 

Benefits of an uncontested divorce

There are many reasons for seeking an uncontested divorce. Litigation can be long, expensive and time-consuming, putting extra financial pressure on you and holding you back while you’re looking to start the next chapter in your life. Battling in court over such issues as asset division, child support, spousal maintenance and child custody can add to the emotional turmoil associated with a breakup. In the end, the result might not be any better than if you and your ex had come to a compromise on your own. In an uncontested divorce, you both have control over the outcome.

Requirements for divorce in Wisconsin

Though an uncontested divorce doesn’t go to trial, it still must conform to the state’s legal requirements and procedures. Either you or your spouse must have lived for at least six months in Wisconsin and for at least 30 days in the county where the divorce is sought. Prior to filing an uncontested joint petition for divorce, you and your spouse must enter a marital settlement agreement relating to parenting and financial matters. The agreement must be filed with the petition, along with financial disclosures, a parenting plan if you have minor children and a draft divorce decree. You can count on us to draft the necessary documents correctly and submit them to the court. Even in the most amicable of breakups, it’s important to have a seasoned attorney review each detail so that you do not experience an unpleasant surprise after the divorce decree is issued. 

Lawyers assist with custody, alimony, child support and property division issues

While most terms presented to the court are accepted and incorporated into the divorce decree, the judge has the authority to question the agreement and make changes. This could occur if the judge believes that the custody and visitation terms are not in a child’s best interests. As for alimony, now known as maintenance under Wisconsin law, the judge will likely adopt the parties’ arrangements. The same goes for the division of marital assets. As a community property state, all marital property is owned on a 50/50 basis, so disputes in this area usually concern whether something should be classified as a separate or marital asset. Our attorneys will advise on how the law applies to your situation and will work to negotiate an agreement that puts you on a solid foundation. 

Speak with a Wisconsin family lawyer about negotiating an uncontested divorce

Hart Law Office advises southeastern Wisconsin residents on uncontested divorces and other family law concerns. To schedule a consultation, please call 414-271-1775 or contact us online. Our office is located in Milwaukee’s historic Third Ward and is easily accessible by public transportation. We offer evening and weekend appointments to better serve you.