Wisconsin

Since each case is different, the cost of a Wisconsin divorce varies by each case significantly. The cost depends on many factors including the number of hearings, the types of issues included, the nature of assets of one or both parties, whether a guardian ad litem is appointed to represent the children’s best interests, and whether the parties have reached agreements on some or all issues.

The cost of a divorce in Wisconsin will often include both attorney and filing fees. However, the cost of each case will vary largely depending on if both parties are agreeable, if children are involved, and in settling the division of marital property.

While the exact cost of a divorce will fluctuate based on the particulars of the case, an uncontested divorce in Wisconsin can cost significantly less than a contested divorce.

Legal annulments are granted only for very specific reasons in Wisconsin. The court may grant an annulment if it finds:

• A party lacked capacity to consent to the marriage, because of age, mental incapacity, or the influence of drugs or alcohol;
• A party was induced to enter the marriage by force, duress or fraud within one year of obtaining knowledge of the fraud;
• A party lacks the physical capacity to consummate the marriage by sexual intercourse and this was not know by the other party; or
• The marriage is prohibited by law.

Even in cases where the court cannot grant a legal annulment, the parties may be able to pursue an annulment through their church in addition to the divorce.

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No. Failure to pay child support is not a basis for denying another parent their placement time in Wisconsin.

In Wisconsin, the standard to modify custody and placement orders is different depending on whether two years have elapsed from the entry of the judgment. The first two years following the divorce judgment is colloquially referred to as a “cooling off period.” As a result, it is very difficult to modify the placement schedule other than by stipulation within two years of the divorce.

In order to seek a modification, the moving parent must show “by substantial evidence that the modification is necessary because the current conditions are physically or emotionally harmful to the best interests of the child.”

The standard for modification if more than two years have expired from the final order is significantly different. The threshold question for the court to determine is whether the moving parent has shown that there has been a substantial change in circumstances since the entry of the last order affecting physical placement. If that burden is met, the court then proceeds to consider whether any modification would be in the best interest of the child.

When parents cannot come to an agreement on custody and placement in Wisconsin, the court will likely first order the parties to attend mediation. If mediation is unsuccessful, the court will appoint a Guardian ad Litem to represent the children’s best interest. The court may also require a custody study or other evaluations to be completed for the court’s review in making a determination.

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