Divorce can be a stressful and emotional time for you and your family. Here at Renier Hotopp Law Offices, LLC, we strive to help make the process less stressful by reducing the conflict in the process as much as possible. Our divorce attorney team is here to help you through all phases of the divorce process, whether you are in the initial stages of filing for divorce or you have a post-judgment issue requesting a modification or enforcement of an existing order.
We work to resolve cases quickly and efficiently with the expertise of our attorneys and the help of our legal staff. Our law firm in Wisconsin deals with divorce, paternity, child support, child custody/placement, property division, post-judgment disputes, and temporary restraining orders, among many other aspects of family law.
FAQs about Divorce
How do I get started:
To start a divorce in Wisconsin, the petitioner must have lived in Wisconsin for at least 6 months and must have lived in the county where they are filing for at least 30 days.
Both parties can file a Joint Petition for Divorce, or one spouse can file a Summons and Petition for Divorce. If one spouse files, the opposite spouse must be served with these documents within 90 days after filing these documents with the Court. There are generally two ways you can serve the Summons and Petition for Divorce upon your spouse:
- Your spouse can sign an Affidavit of Service; or
- Our Process Server or a Sheriff can personally serve the pleadings upon your spouse.
We will discuss with you the best option prior to service of the documents to minimize conflict and make sure there is the least amount of delay.
How long does the divorce process take?
There is a mandatory waiting period of 120 days in Wisconsin. Generally, many divorces take around 6 months to finalize, depending on the county where the divorce is filed and the specifics of the case. Some cases can take longer but that largely depends on the complexity of the case.
What is a Temporary Order, and do I need one?
Temporary Orders outline terms like temporary child custody and placement, maintenance/alimony, temporary use of personal property, temporary use of the marital residence, and temporary use of bank accounts while the divorce is pending. To request a Temporary Order, you must file an Order to Show Cause for Temporary Orders and an Affidavit for Temporary Orders. Then, a hearing is generally scheduled as soon as the Commissioner’s calendar allows, the timing of which varies largely from county to county.
Before the temporary order hearing, you and your spouse, with the assistance of your attorneys, can negotiate the terms of your temporary order to enter into a stipulated order.
If you do not come to an agreement, you will appear before the Commissioner for a temporary order hearing, and the Commissioner will decide the temporary issues.
What if I disagree with the Commissioner’s Decision?
If you disagree with a Commissioner’s decision, you have the option of requesting a hearing de novo before the Judge assigned to your case. There is a specific time limit during which you must request a hearing de novo, so be sure to talk to your attorney immediately after the hearing before the Commissioner if you do not agree with the Commissioner’s decision.
What happens after the Temporary Order Hearing?
Please see The Divorce Process in Wisconsin.
Contact RH Law Today For Divorce Attorney Services
At Renier Hotopp Law Office, LL (RH Law), you will receive caring, knowledgeable, professional personal attention from one of our skilled divorce attorney team who will handle your divorce case from start to finish. We handle cases in all of Southeast Wisconsin. Call us at (262) 977-7717 or use our online form to request an initial consultation.