Contested Divorce

Wisconsin Contested Divorce Attorneys

Guiding Clients Through Divorce Proceedings in Complex and Hotly Contested Cases

Every divorce is difficult for one reason or another. Even a collaborative, uncontested divorce still has filing fees, necessary courtroom appearances, the potential for child support or custody negotiations, and sometimes spousal support or maintenance. However, some divorces are more complicated and contentious than others. A contested divorce occurs when one or both parties are unwilling to cooperate or reach a divorce agreement on critical family law issues such as custody, child support, property division, etc.

Suppose you are considering filing a divorce petition in Wisconsin and anticipate it to be a litigated divorce. In that case, it is highly recommended that you seek the professional legal representation of experienced divorce attorneys. Our law firm will represent your best interests in and out of court in pursuit of a fair division of assets, a reasonable parenting plan, and other critical legal matters. We will stay by your side from the initial filing of divorce papers to the final hearing and, in some cases, assist you with any post-judgment disputes or modifications.

To learn more about how legal representation can help you reach a marital settlement agreement and even the most contentious divorce, please contact our Wisconsin law firm to schedule your complimentary consultation with our legal team today.

What is Considered a Contested Divorce in Wisconsin?

In divorce cases, important family law matters, such as the physical placement of minor children, division of marital assets, and other outstanding issues, must be resolved by agreement or court order. If one party or the other cannot agree to the terms in the legal process, the divorce becomes contested.

A contested divorce could be considered necessary in cases involving the following:

  • There are heated disputes over visitation rights, physical placement, legal custody, and child support obligations
  • There are accusations that one spouse did not fully disclose all their financial information and is being uncooperative
  • There are significant disagreements regarding property division, debts, and other financial matters
  • Communication between the parties involved has broken down, and agreements cannot be reached

In a contested divorce, when things break down to such a degree between you and the other party, the divorce case often leads to litigation and the necessity for court intervention. Because a contested divorce is litigated, it is highly recommended that you seek the legal counsel of a dedicated attorney to assist you throughout the legal process. Our family law legal team has extensive experience representing clients in complex and contentious legal matters, and we would be proud to represent your best interests throughout the divorce proceedings.

What Are the Differences and Similarities Between Contested and Uncontested Divorce Cases?

Both contested and uncontested divorces involve the dissolution of a marriage. Still, key differences exist in how the divorce proceedings are resolved and the marriage is finally ended.

In an uncontested divorce, the parties agree on all the significant factors related to the divorce, including child support payments, custody, and any potential maintenance agreement. The courts must resolve these disagreements in a contested divorce because the parties cannot agree on the terms.

Contested divorces typically cost more than uncontested divorces due to prolonged litigation, the necessity for legal representation and attorney fees, and court costs.

A contested divorce often takes longer to resolve than an uncontested divorce because it requires court intervention to resolve conflicts between the two parties.

What is the Contested Divorce Process?

The contested divorce process begins with filing the divorce petition, which outlines the grounds for divorce and the contested family law issues. The divorce papers must then be served on the other spouse, who has a limited time frame to make an official response.

In Wisconsin, divorcing couples going through contested divorces must usually attend mediation sessions to reach agreements outside the courtroom. The mediation process can sometimes lead to compromises and resolutions that might have been impossible without the help of a mediator.

During the divorce proceedings, a judge may issue temporary orders to address matters such as the temporary use of real estate property, child custody rights, and financial support.

The two parties are encouraged to negotiate to reach a divorce settlement agreement on any contested issues throughout the divorce process. If these negotiations fail to produce results, the case may proceed to trial, where a family law judge will make final decisions on any contested legal issues.

How Long Does a Contested Divorce Case Typically Take to Resolve?

Wisconsin contested divorce cases take at least 120 days from the date the divorce petitions are filed because Wisconsin enacts a four-month waiting period for all divorce cases in hopes of allowing the spouses to reconcile or sort out their differences. However, a contested divorce typically takes much longer than 120 days due to the conflict and contentious nature of the legal proceedings.

The following factors can impact the total length of your divorce case:

  • Allocation of debts
  • Child custody and parenting time disputes
  • Disagreements on the date of separation
  • Discord relating to the valuation of marital assets
  • Spousal maintenance disagreements
  • And more

In some contested divorce cases, resolving matters may take several months. In others, the divorce proceedings could potentially stretch on for several years. Our law firm can assist you throughout the legal process to pursue the most favorable outcome for your case. To learn more, please schedule a complimentary consultation with our legal staff today.

How Do Wisconsin Divorce Laws Impact Family Law Matters Like Child Custody, Child Support, and Marital Property Division?

Wisconsin is a community property state, meaning marital assets and debts acquired during marriage are usually divided equally between the spouses. A family law judge can adjust the property division guidelines based on several factors, including the length of the marriage, each spouse’s earning capacity, and contributions made to the marriage.

A family law court determines child custody based on what it believes is in the best interest of the child. The courts consider several factors, such as the child’s age, needs, relationship to each parent, and each parent’s ability to care for their children.

Wisconsin child support is calculated using a percentage of income standard according to specific guidelines. These guidelines consider the non-custodial parents’ gross income and the number of children they are asked to support.

Maintenance, also known as spousal maintenance or spousal support, is not required in every divorce case. The court may award maintenance based on factors such as the length of the marriage, each spouse’s income and earning capacity, and each spouse’s unique needs.

Is Divorce Mediation an Option?

Mediation could be considered the last attempt at reaching a divorce agreement before the case goes to trial and litigation. The courts often require mediation for divorcing couples who cannot agree on terms regarding their divorce settlements.

While a mediation session with a highly skilled mediator could allow you to reach compromises and settle issues with your spouse, the mediation process is not necessarily recommended in all cases. Divorce cases that involve one spouse abusing the other, for example, may not be suitable instances to consider mediation.

When going through the divorce mediation process, it is strongly recommended that you retain professional legal counsel from experienced attorneys to remind you of your rights and responsibilities. Contact our law firm for legal assistance today.

Are There Alternatives to Divorce Worth Considering?

It may be worth considering legal separation. Once a legal separation has been finalized, the couple remains legally married but lives separately with separate assets and specific parenting plan schedules. The benefits of legal separation are that it gives the two spouses a chance to think things over and potentially reconcile their differences without making divorce a necessity. You can go back on a separation and get back together. You cannot cancel a divorce without remarrying.

There might also be a chance to resolve your differences in mediation or by other means and turn your contested divorce into an uncontested or collaborative divorce.

Collaborative divorces are an alternative way to resolve contested matters related to divorce without needing a lengthy court battle. The collaborative divorce process requires a commitment to collaboration between both parties and the expectation that they remain transparent and open-minded in all dialogue and negotiations. The legal process will involve meetings between the parties and their attorneys. While some couples may only require a few meetings to resolve outstanding issues, more contentious or complicated divorce cases typically take longer. The appealing part of collaborative divorce is that you and your spouse will resolve your disputes without a judge.

Schedule Your Complimentary Consultation with Our Compassionate Wisconsin Divorce Lawyers Today

Are you going through a contested and challenging divorce? In that case, you need the dedicated legal representation of an experienced family law attorney in your corner. Our law firm proudly provides compassionate legal services to clients in need throughout contested divorce proceedings.

The family law attorneys at HKK Law Offices will represent your rights and interests from the initial filing of the divorce papers to the final hearing. We understand this is an incredibly difficult time for you and your family, so we will approach all these legal issues with respect and aggressive dedication. We hope to resolve problems and help you resolve any problematic legal matters fairly.

Our Wisconsin law firm has three offices: Sheboygan, Mequon, and Random Lake, WI. Wherever you are in Wisconsin, we are here to lend valuable legal assistance through this challenging time.

To learn more about the benefits of retaining our legal services, please contact us to schedule your complimentary consultation with our legal team today. You can reach us at 920-635-2992. We look forward to speaking with you.

Disclaimer:

The HKK Law Offices website is intended for informational purposes only. Nothing on the site is considered to be creating an attorney-client relationship between the reader and HKK Law Offices or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel.

No client or other reader should act or refrain from acting based on any information contained in the HKK Law Offices website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.