Local divorce representation you deserve
Not many people think of divorce as a positive thing, but for many marriages, it’s the best option. When a couple cannot communicate effectively anymore and their physical and emotional health is at risk, it’s time to end things.
Still, a divorce is not something that should be taken lightly. In fact, it’s a highly emotional issue that will affect your life in many ways. You should put a lot of thought into it, but at the same time, you shouldn’t delay the process if you feel strongly about ending your marriage.
Ready to file? Want to know more about the process? What can you expect? Count on a Menomonee Falls divorce attorneyfrom Karp & Iancu, S.C. to help you through the process with the least amount of stress possible. We can start the process electronically for your convenience.
Understanding the Process
First things first—are you and your spouse going to file for divorce jointly or separately? There is no right or wrong answer to this. This is purely a matter of personal preference and is based on the kind of relationship you have with your spouse.
It may be better to file jointly if both you and your spouse agree to the divorce and can cooperate with each other to reach a final agreement on all the issues. But if one party does not want the divorce or does not want to file jointly for personal reasons, then it may be better to file on your own, separately.
Whatever you choose, it doesn’t matter to the court, but it may matter to you or your spouse. Divorce filings are public records, so the person who initiated the divorce may not want to be listed as the petitioner. Some people may want the court record to reflect that they filed for divorce together. In any case, there is no legal advantage.
The divorce forms can be found online. The forms you need will depend on how you are filing and whether or not there are children involved. Once you complete the forms, you can file them online or submit them in person at your county courthouse. Your spouse gets served with the paperwork and the process starts.
There will then be temporary orders and negotiation involved. Temporary orders detail how money and children should be managed while the divorce is in process. These orders determine where the children will live, who will pay the bills, and whether or not alimony is needed.
What is Mediation?
Negotiations are required in all divorces in which there are disputes about certain issues. Instead of going to court, the parties can try alternative dispute resolution, such as mediation. Mediation allows the parties to come to an agreement without getting judges involved. The process is overseen by a mediator, a neutral third party who can help answer questions and move things along. The mediator, however, cannot give legal advice.
Meditation is typically quicker and less expensive than going to court. It is also a more amicable process when compared to litigation. However, it is not for everyone. If you and your spouse cannot get along and are not willing to negotiate, then mediation may not be worth it.
What is a Legal Separation?
A legal separation is an alternative to divorce. It is not the same as simply living apart. Physically separating is not the same as legally separating. A physical separation means you are still legally married and must deal with the rights and responsibilities that come with it. In Wisconsin, there is no practical difference between a legal separation and a divorce in Wisconsin. Both dissolve a marriage and require the division of property.
Legal separation is not common. It was done more often in the past for insurance reasons, but many insurance companies do not allow this anymore. Nowadays, if a person opts for a legal separation, it is often for personal or religious reasons. For example, some religions prohibit divorce. Or some people believe that they should never get divorced, so if they are ever in a situation in which they want to end their marriage, they may choose legal separation as a work-around.
Benefits of Divorce
Divorce can affect your life in many ways. It can ruin your finances. It can impact your relationship with your kids. It can force you to move out of your home.
But divorce is not all bad. There are some upsides as well, such as the following:
- More freedom. Ending a marriage allows you more freedom. If you feel as though you have had to make a lot of sacrifices for your marriage, then being on your own may make you feel more independent. You can do what you want, when you want, without having to worry about someone else’s needs and wants.
- Greater financial control. A divorce can also give you greater control over finances. You can spend your money on you and you alone. You don’t have to split it with a spouse or pay for their bills. You can focus on your priorities when it comes to money. Have goals for what you want to do, whether it’s buy a house or a car, go on vacation, or invest.
- Opportunity to find true love. If your spouse isn’t your perfect match, you’ll never feel fulfilled in your marriage. This can affect you emotionally and physically. You have the opportunity to find Mr. or Mrs. Right once you divorce, so why not give it a shot? By staying in an unhappy marriage, you’re losing out on your opportunity to find your true love.
When you partner with a divorce attorney at Karp & Iancu, you get: