Linda S. Vanden Heuvel - Divorce in Wisconsin: The Legal Process, Your Rights, and What to Expect

An Addicus Nonfiction Book

Copyright 2015 by Linda S. Vanden Heuvel. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopied, recorded, or otherwise, without the prior written permission of the publisher. For information, write Addicus Books, Inc., P.O. Box 45327, Omaha, Nebraska 68145.

ISBN 978-1-940495-13-2

Typography Jack Kusler

This book is not intended to serve as a substitute for an attorney. The interpretation, viewpoints, and opinions presented in this text are those of the author and are not to be construed as the rendering of legal advice by Attorney Linda S. Vanden Heuvel or Vanden Heuvel & Dineen, S.C.

Internal Revenue Service regulations require that certain types of written information include a disclaimer. To the extent the following text contains information relating to a federal or Wisconsin tax issue, unless expressly stated otherwise, the information is not intended or written to be used and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. Each taxpayer should seek individual tax advice, from an independent tax advisor, based on the taxpayers particular circumstances.

Library of Congress Cataloging-in-Publication Data

Vanden Heuvel, Linda S., - author.

Divorce in Wisconsin : the legal process, your rights, and what to expect / Linda S. Vanden Heuvel.

pages cm

Includes bibliographical references and index.

ISBN 978-1-940495-13-2 (alk. paper)

1. DivorceLaw and legislationWisconsin. I. Title.

KFW2500.V36 2014

346.7750166dc23

2014034287

Addicus Books, Inc.

P.O. Box 45327

Omaha, Nebraska 68145

www.AddicusBooks.com

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

To Vanden Heuvel & Dineen, S.C. clients
past, present, and future.
For their loyalty, trust, and resiliency.

Index

M y first acknowledgment goes to the clients of Vanden Heuvel & Dineen, S.C. Each day, divorce clients trust the attorneys of Vanden Heuvel & Dineen, S.C., to guide them through this confusing and uncertain time in their lives. They continually remind us that divorce is personal and unique to each individual client.

In contrast, the legal system is predictable and must be applied consistently and in conformance with Wisconsin law. As a result, it is important to acknowledge the judiciary and attorneys who each day balance the unique facts and circumstances of each case with the mandates of the law.

The staff at Vanden Heuvel & Dineen, S.C. is dedicated to making the process of divorce, legal separation, custody/placement disputes, and other family law matters easier for its clients. Each attorney at Vanden Heuvel & Dineen, S.C. works diligently to provide comprehensive and tenacious legal representation. A special thank you must be given to the legal assistants of Vanden Heuvel & Dineen, S.C., particularly Barbara A. Schwind, who worked side by side with me to write Divorce in Wisconsin.

I also thank my publisher, Rod Colvin of Addicus Books. His knowledgeable and patient support has guided me in writing this first edition of Divorce in Wisconsin. He has helped me provide understandable, nontechnical answers to important divorce questions by Wisconsin residents.

If this edition eases any persons journey through the divorce process, it is because of the generosity and knowledge of many, for which I extend my heartfelt gratitude and appreciation.

Attorney Linda S. Vanden Heuvel

www.vhdlaw.com

E very day I meet with men and women trying to decide whether to file for divorce. It is a difficult time for almost all involved. I am hopeful that this book will help remove some of the uncertainty that results from divorce, which is a life-changing experience.

Whether you initiate or respond to a divorce, you are facing change in many aspects of your life. Parenting, family relationships, finances, social networks, personal belongings, residence, job performanceeach is impacted by the divorce process. My purpose in writing Divorce in Wisconsin is to help you navigate through this uncertain and often unpredictable experience. The more control and clarity you feel over the process, the better you will be able to make sound decisions regarding very challenging choices.

I understand, from providing legal representation to thousands of clients, that in order to move through the legal and emotional phases of divorce, a tremendous amount of support is needed from family, friends, and legal counsel. Divorce in Wisconsin was written to be part of that support network. It is not intended to be a substitute for advice from your own attorney or financial advisor. Rather, it is designed to assist you in partnering with your attorney to reach your goals in the resolution of your divorce.

I have been a successful family law attorney for over thirty years. I hope that the product of this experience and background, Divorce in Wisconsin, will aid you in reaching a successful resolution of your divorce. Remember, during your divorce, you may have hard, grief-filled days and you may face mountains of uncertainty, but your divorce will resolve, and you will move forward in a new and different direction with new possibilities for the future.

Best wishes on your journey.

Attorney Linda S. Vanden Heuvel

www.vhdlaw.com

T he process of ending a marriage often creates feelings of anxiety and fear of the unknown. However, understanding divorce procedure can bring some predictability which, in turn, will provide you with a greater sense of confidence and comfort, and a footprint for the steps to reaching a successful resolution of your divorce.

It is important to develop a basic understanding of the divorce process. This knowledge will lower your anxiety if your attorney or the court starts using words or phrases you do not understand. It will help reduce your frustration about the length of the process because you will be equipped to recognize the reasons supporting each step and procedure. Sometimes just realizing that you are completing the steps of the divorce process can bring reassurance that progress is being made toward the final resolution of your divorce.

It is also important to note that your emotions, as well as the emotions of your spouse, may also drive the process. You are strongly encouraged to use good sense and reasoning to make divorce decisions and to refrain from letting the hurt and pain that follows the end of a relationship be the guide to your decision making. You are encouraged to seek guidance and therapy if needed.

Making decisions based on common sense and factual information, not anger and emotion, will speed the resolution of your divorce and will make Wisconsins no-fault divorce process easier.

The purpose of Divorce in Wisconsin is to provide you with an understanding of the divorce process and procedure, to reduce frustration with the length of the divorce process, and to increase your awareness of the steps necessary to conclude your divorce in a successful manner.

1.1 What steps are taken during the divorce process?

If you are initiating the divorce, the divorce process in Wisconsin typically involves the steps listed below:

• Obtain a referral for a family law or divorce attorney. Ask for specific referrals to attorneys who are experienced and knowledgeable in divorce law.