Divorce Litigation in Wisconsin
When spouses divorce and can not find agreement the divorce will go through the litigation process. This happens most often when alimony, property division, child custody, and or child support negotiations become contentious. The litigation process is an open court process where evidence is presented to a judge who makes a final ruling absent a settlement.
Many divorce cases don't need to go through litigation, but during high conflict cases, litigation is the best way to protect yourself and your children. In every divorce, both sides must compromise, but a litigation attorney can ensure you get more of your must-haves. When your spouse is unwilling to negotiate reasonably and has become aggressive or unresponsive we can help facilitate and eventually compel your spouse to settle using litigation tactics granted by the court.
Is Divorce Litigation Right for You?
The divorce litigation process is the correct path when you and your spouse are not communicating well. If there is a high level of conflict on specific issues such as child custody and placement, child support, alimony, dividing assets, debts, retirement accounts and or real estate the divorce litigation process will be the best way for you to protect yourself.
This is also a good option when domestic violence, a mental health issue and or substance abuse is a concern.
What are the benefits of divorce litigation?
- Protect your children and yourself when domestic violence or substance abuse is present
- Maintain your rights and financial future during high conflict cases
- Ensure you are not getting the wool pulled over your eyes by a manipulative spouse
- Get some peace of mind with an experienced litigation attorney in your corner
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
Divorce Litigation Process
Step 1: File the Action with the Court
Step 2: Serve the Other Party
Step 3: Get a Temporary Order (if needed)
Step 4: Complete Co-Parenting Programs and Co-Parenting Agreements (when children are involved)
Step 5: Request a Settlement Conference Date
Step 6: Complete the Marital Settlement Agreement or Request a Trial Date
Step 7: Complete & Submit the Final Divorce Decree
Step 8: Complete QDRO Process to Legally Separate Assets & Debts
Frequently Asked Questions
When should I litigate my divorce?
If there are still disputes after trying to make an agreement in mediation, it is time to litigate. In some cases, it is best to start litigating from the beginning such as in situations of abuse.
Is mediation better than litigation?
Mediation is better than litigation in some cases. If mediation is possible, it is usually cheaper, shorter, and easier. However, there aren’t as many protections in mediation. Litigation is better for people who don't trust the other party.
What is the difference between litigation and arbitration?
Arbitration happens outside the courtroom and is separate from litigation. In arbitration, each party explains their case to a third-party arbiter who then makes a decision. This is most commonly used when parties reached a stalemate in negotiations, but don’t want to go to the courts to decide.
How long does it take to litigate a case?
Litigation is a longer form of divorce that usually takes between one to two years. Exactly how long it takes depends on how long it takes for parties to come to an agreement.
Is a divorce considered litigation?
Divorce is considered litigation when parties cannot reach an agreement on their own. A divorce is litigated in the courts after parties tried to compromise and were unable to.
What does a litigator lawyer do?
A litigation lawyer does everything from preparing documents to researching relevant case law to presenting arguments in front of court officials. Their job is to represent you and take much of the burden off of you.