Stillings & Buchinger, LLC

Uncontested Divorce in wisconsin

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The legal system considers any divorce action a “contested” matter until all of the issues between the parties are completely resolved. The informal connotation of “uncontested” divorce means that the parties agree to divorce and agree on all of the issues regarding the marital property, custody and support.

In an uncontested divorce matter, the parties are in agreement on all matters including financial, property, custody and future support matters. An uncontested divorce is often called a stipulated divorce because the parties stipulate to the terms of divorce. A stipulation agreement is a legal document prepared by an attorney for approval by a Wisconsin court.

Court Appearances For Uncontested Divorces

Even if you and spouse agree on all matters, you will still need to make an appearance in front of a judge or court commissioner to review the agreement that you reached. The hearing will be short and will consist of a recitation of the agreement. There will also be a written agreement filed with the Court.

Uncontested divorce process

When people file a divorce action and both parties agree on all issues (marital property division, asset division, debt division, child custody, and child support, for example), an attorney can prepare a stipulation for divorce. Even if they agree from the very beginning, the courts will still require the legal waiting period (120 days) before a hearing is set.

The attorneys present the stipulation to the court along with a request that the court approve the stipulation and enter it as the final divorce judgment. The court reviews the stipulation. If the judge feels the stipulation is fair and equitable, the judge approves it, signs it, and enters it as the final judgment.

Unfair, Inequitable stipulation agreements

A court can and usually will set aside an unfair or inequitable stipulation agreement. At its own discretion, the court can determine the agreement illegal, unfair, inequitable or in violation of Wisconsin law or public policy.

When an agreement is set aside, the court may want to immediately hear testimony, see records, or order some other event such as mediation or a review of the custody and care of a child or children (see Guardian Ad Litem).

free initial consultation

If may benefit you to become aware of the consequences that a simple stipulation can bring in your future, or even in your present financial health or with marital property. The attorneys at Stillings & Buchinger, LLC offer a free initial consultation. Please contact the firm to arrange your consultation with Attorney Gordon E. Stillings or Attorney Melody Buchinger.