How Long Does a Divorce Take in Wisconsin?

One of the first questions people often have when considering divorce is how long the process will take.

Wisconsin generally requires a minimum 120-day waiting period before a divorce or legal separation can proceed to a final hearing or trial. The waiting period ordinarily begins when the summons and petition are served on the other spouse or, in the case of a joint petition, when the joint petition is filed.

There are limited statutory exceptions to the waiting period.

See Wis. Stat. § 767.335.

120 Days Is a Minimum, Not a Timeline

The 120-day requirement does not mean a Wisconsin divorce will automatically be completed in 120 days. How long a divorce actually takes depends upon the circumstances of the case, including:

• The complexity of the parties’ finances
• Whether property division or maintenance is disputed
• Whether legal custody or physical placement is contested
• The amount of financial information that needs to be gathered and analyzed
• Whether a business or professional practice needs to be valued
• The parties’ ability to reach agreements
• The court’s schedule

A divorce involving relatively straightforward finances and agreement on most major issues may move through the process more efficiently than one involving substantial assets, disputed income, a closely held business or contested parenting issues.

Can Reaching an Agreement Make the Process Faster?

Reaching reasonable agreements can reduce the amount of time and expense involved in a divorce. However, resolving a case quickly should not come at the expense of properly understanding the financial or legal consequences of an agreement.

Important issues may need to be investigated before meaningful settlement discussions can occur. This can be particularly important when a divorce involves business interests, complex compensation, retirement assets, significant property or questions regarding income.

Understanding Your Particular Divorce

Every divorce is different. The better question is often not simply, “How long will my divorce take?” but “What issues need to be resolved in my divorce, and what will be required to resolve them properly?”

An experienced Wisconsin divorce attorney can help identify those issues early and provide a more realistic understanding of what the process may involve. Beacon Family Law represents clients in divorce and legal separation matters in Appleton, the Fox Valley and surrounding Wisconsin communities.

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