When you get married, you expect the union to last forever. Unfortunately, about 40% of marriages end in divorce. Many times, couples agree that they both want to end their marriage. But what happens if you want to divorce but your spouse does not? There is still a way to legally end your marriage. However, some additional steps may be involved. A knowledgeable Wisconsin divorce attorney will assist you through the divorce process.
What is a Default Divorce?
A default divorce is one in which the judge enters a judgment when the other party fails to respond to a divorce petition. The party that files for divorce is called the petitioning spouse or petitioner. The other party is called the respondent or defendant. When the respondent fails to respond to the divorce action, the judge will eventually grant a default divorce. The petitioning spouse will be able to obtain a legal divorce after taking the appropriate steps to locate and serve the other party and allowing the other party time to respond.
What is the Divorce Process?
In any divorce process, one party initiates the divorce by filing a petition for divorce. The petitioning party serves their spouse with legal divorce papers. The respondent has 20 days to provide a written response and counterclaim. If the spouse fails to respond, the petitioner may proceed with the divorce. The court will schedule a hearing for both parties to attend. Regardless of whether the spouse approves of the divorce, the court will generally grant a divorce based on the fact that the marriage is irretrievably broken.
What if I Cannot Locate My Spouse?
In some instances, one spouse leaves the home and no longer communicates with their spouse. Sometimes, you may not even know where they reside. When this happens, you will need to take a few extra steps to inform your spouse of the intention to divorce. If you cannot serve papers the regular way, you will need to prove to the court that you made attempts to inform the spouse. You can place an ad in the local newspaper that will satisfy the legal requirement to communicate the divorce to your spouse. An experienced divorce attorney will help you through these additional steps.
Regardless of the circumstances, the law requires that community property be divided between spouses in an equal manner. This means that any marital property, property the couple obtained during the marriage, must be divided equally. This is true whether or not your spouse agrees with the divorce or not. A spouse who does not want to divorce may make the process more contentious, and therefore, it can take longer to resolve. It is helpful to consult with a qualified divorce attorney to learn how you can make things easier and less stressful, even if your spouse does not agree to a divorce. To find out more, schedule a consultation with our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online today.