You finally decided to start the next chapter of your life. You filed the papers, but now you are met with silence. Your spouse would not sign the forms or even acknowledge the proceedings. It feels like you are stuck.
Fortunately, Wisconsin law does not give one person the power to obstruct another in a marriage indefinitely.
Understanding Wisconsin’s no-fault divorce framework
In some states, you must establish a ground for divorce, like adultery or abandonment. Wisconsin is different, as the court only needs to determine that the marriage has reached an irreparable breakdown.
This means that if you want a divorce, you may obtain one. Your spouse’s consent is not required. Their refusal to cooperate might delay the process, but it cannot prevent it entirely.
Navigating service of process requirements
The first obstacle is ensuring your spouse is legally notified. If your spouse refuses to sign an admission of service, you must pursue other methods. You can hire a process server or a sheriff to hand-deliver the documents.
If your spouse is intentionally hiding, the court may allow service by publication, but only after you demonstrate reasonable diligence in attempting to locate them. This process involves placing a notice in a local newspaper. Once service is effectuated, the legal clock starts ticking.
Requesting a default judgment from the court
Once served, your spouse has 20 days to file a formal response. If that deadline passes and your spouse remains silent, you can move for a default judgment. It signals to the court that since the other party elected not to participate, the judge can make decisions without their input, provided the court finds your proposals to be equitable under the law.
Under Wisconsin law, the court can grant the divorce and allocate assets based on the information you provide.
Finalizing the dissolution of marriage
Even in a default case, you must observe the mandatory 120-day waiting period, often referred to as a cooling-off interval. After this period elapses, the court can hold a final hearing.
If you followed all the requisite procedural steps, the judge generally has the authority to grant the divorce. You can move forward with your life, knowing you fulfilled every statutory obligation. Just remember that you must wait six months from the date the court grants the divorce before you can legally remarry in any jurisdiction.