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How Do I Get a Divorce in Wisconsin if My Spouse Doesn’t Want To?

Sometimes, you might want out of a marriage before your spouse does. You’ve tried to work things out, but you’re ready to move on with a divorce. Your spouse isn’t ready for that step, though, and they won’t continue with the divorce. 

So, how do you get a divorce in Wisconsin if your spouse doesn’t want to? At Karp & Iancu, S.C., we understand that it can be stressful when a spouse refuses to cooperate. Luckily, you do have options to move forward with the divorce. 

No-Fault Divorce

The good news is that Wisconsin residents should be able to continue with a divorce even if their spouse isn’t ready for that step. Wisconsin is a no-fault divorce state, which means that you don’t need grounds for divorce to move forward with a divorce. When asked about your reason for divorce, you can say that your relationship suffered an “irretrievable breakdown” and that you don’t want to stay married. 

That means you’re not stuck in your marriage if you’re not happy. If you do have a specific reason for your divorce, such as your spouse being violent toward you or your children, speak to your Wisconsin family law attorney about your case. Factors like child custody could be affected if your spouse has been abusive to you or the kids. 

How to Serve Divorce Papers to Unwilling Spouses

While all this is good to know in practice, your spouse might not be willing to work with you. They may refuse to accept the divorce papers, for example, or they may leave to avoid being served divorce papers. 

That doesn’t mean the divorce will be halted. You have ninety days to serve the papers, and they are expected to respond once the papers are served. Even if they don’t respond, though, the divorce trial will continue, with or without them. While the standard 120-day waiting period will need to be completed regardless of their actions, their refusal to respond won’t halt the process. 

While their actions might delay the process, that doesn’t mean you can’t continue in court. Once the 120-day waiting period is over, you and your divorce attorney can take your case to court to divide your property. Even better, if they do try to contest the divorce, you can seek out a  Milwaukee divorce lawyer before your day in court. That can help you act on your case and be prepared now, not later. 

Seek Out a Milwaukee Divorce Attorney for Help 

If your spouse doesn’t want a divorce, they may try to stop the proceedings, making your case tougher on you. They may do all they can to halt your divorce, trying to instead continue the marriage. Now, you’re asking, “How do I get a divorce in Wisconsin if my spouse doesn’t want to?”

While you can continue as you were, it can help to have a lawyer from Karp & Iancu, S.C. on your side. We understand that facing an unwilling spouse is tough, and you may need support, resources, and guidance. We can provide that if you choose to work with us. 

When you’re ready to start your divorce process, your Milwaukee divorce attorney can help, even if your spouse tries to contest it. To get started, reach out by calling 414-453-0800 or by completing the online form below. 

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