Wisconsin is considered a “no fault” state. What this means is that neither party is required to prove the other did something wrong to cause the divorce. All the court needs to hear before granting a divorce is that one or both of the parties believes the marriage is beyond reconciliation. The good news: Parties to a no fault need not dwell on negative feelings, and that way, they can get started on resolution of their issues more quickly. This can occur even faster when the divorce is amicable, uncontested, or the result of a joint petition.

What is the Process of Filing for Divorce in a No Fault State?

Divorce can seem daunting, but it's less intimidating if you know how to get started. In a no fault state, like Wisconsin, your divorce begins with the preparation of a Summons and Petition, and the following steps:

  1. Bring the completed Summons and Petition and multiple copies to your local Clerk of Courts office.
  2. Pay the filing fee and take the multiple copies with you for delivery to a qualified process server.
  3. Have the Summons and Petition personally served on your spouse within 90 days of filing.
While filing for divorce seems simple enough, there are any number of things that you may need to consider before, during or after you file the Summons and Petition, especially if you believe that the divorce will not be well received by your spouse. It is in these situations that sound advice and counsel from an experienced divorce attorney may be invaluable.

Limited Scope Representation in No Fault Divorces

Having a general idea of the divorce process is important, but you may still feel uncomfortable with more technical areas, like settling child custody/placement, possession of property, alimony and property division. When you and your spouse are amicable, or filed for an uncontested or joint petition divorce, Divorce PRO can help ease your transition by completing paperwork, preparing strategies, and giving you the advice and counsel you need to attain your fresh start.

Limited scope representation from Divorce PRO is the bridge between pro se (“on one’s own behalf”) and full legal representation. At the end of the day you will be representing yourself in court, but you will have a much better understanding of how you and your soon-to-be ex can separate amicably. We offer legal advice and services on a task-by-task basis, with costs and fees ranging from $50 to $200 per service. There is no retainer fee required, and your initial consultation is free. So take a deep breath, sign the papers and prepare to move on with your life.

Contact Divorce PRO now to schedule a free, no-obligation legal consultation.