Some Common Divorce Questions
We know divorce can be a confusing subject, so we have provided some basic divorce questions and answers. If you have specific questions, they are best answered by speaking directly with one of our lawyers at Thelen & Associates, LLC.
Question: How much is this going to cost?
Answer: To some degree, this is up to you and your former spouse. If you can quickly agree on the terms of the property division and if there are children, custody and placement, and child support, you may be able to create an agreement at a reasonable cost. If it becomes contentious, requiring many trips to the courthouse, your divorce fees will increase, and it can become very expensive.
Question: How long will it take?
Answer: As with the question of cost, the length of time is largely dependent on how quickly you can resolve your differences and reach an agreement. Wisconsin divorce procedure imposes a 120-day waiting period before the court can issue a final order, and most divorces complete within a year, but protracted conflict between the parties can cause it to take more time.
Question: Will I keep the house?
Answer: You may be able to, but this is a complex question, involving a careful examination of your finances after the divorce is final. There are questions of the cost of the mortgage, insurance, taxes and physical maintenance that need to be addressed.
You may determine that it is not cost-effective to keep the home. We help you work through all of the various scenarios and help you reach the answer that is right for you and your family.
Question: What happens to my kids?
For many, this is the most important question. The custody and placement order will control who has decision-making authority with the children and where they will spend their time. We can help you develop a parenting plan and think through all the potential solutions that will work best for your family.
Question: Do I have to have an attorney?
No, you can represent yourself, which is known as “pro se.” This is a risky choice, as the courts are not designed to teach you family law as you go along. The clerks of the court and the judges presume you know what you are doing and will not give you advice.
Because they cannot advise you, if you make a poor or incorrect choice, you could essentially allow your spouse to dictate every element of your divorce. Hiring an attorney at the beginning is far cheaper and will take less time than having to hire one after mistakes have been made and you have to pay them to salvage your case.