Divorce

LARGE FIRM EXPERIENCE, SMALL FIRM VALUE AND PERSONAL SERVICE

Working with us

At Eaton John Overbey Jackman, we resolve challenging family law problems and guide our clients through the legal process in the most positive manner possible.  Our strategic, aggressive approach focuses on resolving family law problems in a way that enables our clients to move forward in life from the strongest position possible. Your Wausau divorce lawyer can provide representation in a variety of matters.

The breakup of a marriage is often one of the most stressful times in a person’s life.  When you choose our law firm, your lawyer will have extensive experience in divorce cases. They are assertive litigators and astute negotiators who are dedicated to achieving our clients’ goals and protecting their rights. During the divorce process, many people can get caught up in the immediacy of their emotions. At Eaton John, we help them focus their attention on the future. We create solutions designed to protect their legal rights and achieve their goals.

In representing you, your lawyer will focus on your future and the protection of your rights. We want to help you achieve a better life for you and your family.

FAQs for Divorce

How do I start a divorce?

To start a divorce, your lawyer will file a Summons and Petition for Divorce with the Clerk of Court. Your spouse must be served with this Summons and Petition for Divorce within 60 days after you file. There are two ways you can serve papers on your spouse: (1) Your spouse can sign an Admission of Service or (2) a process server or police department/sheriff’s department can serve the papers.  An alternate method of initiating a divorce is for both spouses to sign a Joint Petition for Divorce.  This eliminates the service requirement. Your lawyer can provide more information on beginning the divorce process.

I just moved. Where do I file?

In order to file for divorce in Wisconsin, one party — either you or your spouse — must (1) reside in the county in which the action is being filed for thirty days; and (2) reside in Wisconsin for at least six months.  You can, however, file for Legal Separation after residing in Wisconsin for only 30 days.  The legal separation can later be changed to a divorce.  Your lawyer can advise you as to your filing options.

What do I do if I am served with divorce papers?

You must file a written Answer within 20 days from the date you are served with the Summons and Petition for Divorce.  This must be sent to the Court with a copy sent to your spouse or his or her attorney.  If your spouse has filed for divorce, a lawyer can advise you how to respond.

How long does a divorce take?

In Wisconsin, with limited exceptions, a final hearing cannot be held for a minimum of 120 days after the date of service of the divorce petition.  However, the divorce process may, in fact, last much longer depending on the complexities of the case.

Does everything get divided 50-50?

Generally, all property brought into and/or acquired during the marriage, regardless of how titled, is subject to division upon divorce. This includes assets such as pension plans, retirement accounts, vehicles, and real estate. Property acquired by gift or inheritance is generally not subject to division.

The court presumes that divisible property is to be divided equally between the parties, but can deviate from an equal division of property after considering factors such as the length of the marriage; property brought to the marriage by each party; and the tax consequences to each party.

The debts of the parties will also be allocated between the parties, but the divorce judgment assigning a debt is not binding on third-party creditors. If the parties are able, they may be required to refinance the debts allocated to them after the divorce.

How soon can I remarry after my divorce is final?

After a divorce is granted in Wisconsin, the parties are required to wait six months before remarrying, even if the subsequent marriage takes place in another state.

Do I need a lawyer?

There is no legal requirement that you hire a lawyer for your divorce.  In deciding whether or not you need representation, remember:

  • If your spouse hired a lawyer to “write up the papers,” that lawyer does not represent you and will only be looking out for your spouse’s interests.
  • Having a lawyer to represent your interests is particularly important if you have been married for a number of years, have children together, or have substantial assets or debts.
  • Trying to “save” money by not having a lawyer may end up costing you more in the end.

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