What If I Am Served Divorce Papers in Wisconsin?

Receiving divorce papers can be a daunting experience—even if you knew they were coming. Being “served” can trigger a whirlwind of emotions and questions about what comes next. If you’ve been served with divorce papers in Wisconsin, it’s crucial to approach the situation with a clear understanding of your rights and responsibilities. Here’s what you should do and what you can expect during this challenging time.

1. Don’t Panic!

First and foremost, try to stay calm. It’s natural to feel a range of emotions, but staying composed will help you think more clearly and make informed decisions. This is especially important if you have children.

2. Understand the Documents You’ve Received

The first step after being served with divorce papers is to thoroughly read and understand the documents. Typically, you will receive a Summons and Petition for Divorce. The Summons informs you that a legal action has been initiated against you and provides instructions on how to respond. The Petition for Divorce provides the court with demographic details about your family such as names, addresses, and dates of birth and outlines your spouse’s request for relief.

You might also be served with a request for Temporary Orders. This will include a Notice of Motion which includes a date and time for a temporary hearing and will also include an Affidavit signed by your spouse alleging that you have not made formal arrangements for how to manage your finances, property, or children during the pendency of the divorce and they fear their rights may be jeopardized if orders establishing their rights are not made. Please note that while the allegations in the Affidavit may sound antagonistic, they are usually part of a boilerplate form and are the same for everyone—so try not to read too much into the tone or details of the Affidavit. Instead, simply understand that your spouse is asking the court to help the two of you decide how to manage your affairs while the divorce is pending.

3. Read the Documents Again

It is likely you will immediately read and review the divorce papers after you receive them. However, you are also likely going to experience a lot of questions and emotions that interfere with fully understanding them in the moment. Make sure you read the papers again when you are calm and can fully absorb all the information contained in the document because there is some very important information that you cannot ignore.

For example, the divorce petition operates as a court order that prohibits you from doing certain things. It will include a notice that you cannot harass, intimidate, or physically abuse the other party. It will also contain warnings that you cannot conceal, destroy, transfer, or dispose of property owned by you or the other party. It will also note exceptions to this general rule. So, make sure that you take some time to really internalize the rights and obligations set forth in the petition.

And if you have children, the petition may include attachments explaining how child support will be calculated, how custody and placement will be decided, or how to complete a parenting plan. Keep in mind, these documents are purely informational and are intended to help make the process easier for you.

4. Take Note of Deadlines

One of the most critical aspects of receiving divorce papers is noting the deadlines. In Wisconsin, you generally have 20 days from the date you were served divorce papers to file a response with the court. Generally, people respond to a divorce petition to deny the allegation that the marriage is irretrievably broken or to correct factual errors in the petition. If you are simultaneously served with a request for Temporary Orders, you will receive notice of a hearing date. You must appear at this hearing as prescribed so make sure you note the date in advance and immediately take action if your circumstances make it impossible for you to appear as scheduled.

5. Consult an Attorney

Divorce is a complex legal process, and it’s wise to consult with an experienced family law attorney as soon as possible. An attorney can help you understand your rights, advise you on the best course of action, and assist in preparing your response. If there will be a temporary hearing it is extremely important to have a lawyer represent you because the orders made at the temporary hearing can greatly influence the final outcome of your divorce.

6. Gather Important Documents

Start gathering all relevant documents that will be necessary for your case. These may include:

• Financial records (bank statements, tax returns, pay stubs)
• Property deeds and mortgage documents
• Loan and credit card statements
• Insurance policies
• Any prenuptial or postnuptial agreements

Having these documents organized will help your attorney clearly understand your case and ensure that your interests are protected.

Other Questions You May Have

Can I Still Be Served if I Refuse to Accept the Divorce Papers in Wisconsin?

Yes. If you refuse to personally accept the divorce papers, they can be served on anyone over fourteen years of age who resides in your household and can also be published in the newspaper. These other methods “count” as personal service even if you are unaware of them or never see the notice in the newspaper.

If you refuse service or are unaware you have been served by other acceptable methods, you risk the court accepting your spouse’s proposal for how to divide all the income, assets, debts, and time with your children—without any input or objection from you.

Can I Stop the Divorce After I Am Served?

You can only stop the divorce if the other party agrees to stop it. If one party still wants to go forward, the divorce will proceed even if the other party does not want the divorce.

You might be able to suspend the divorce proceedings for up to ninety days to try to reconcile your relationship if both parties agree. If you and your spouse want to attempt a reconciliation, you can notify the court and the court will suspend your divorce proceedings for up to ninety days. If you and your spouse successfully reconcile, you can then notify the court and the court will dismiss the divorce. If you fail to reconcile, you can notify the court and your divorce proceedings will resume where they left off—without having to re-file or re-serve the divorce papers or start the process over.

Do I Have to Sign Divorce Papers in Wisconsin?

In Wisconsin, the only requirement for a divorce is for one spouse to declare that the marriage is “irretrievably broken.” Therefore, even if you refuse to accept the divorce or sign the divorce papers, it will still proceed. Legally, there is nothing that you can do to prevent the divorce if the filing spouse remains determined to end the marriage.

If You Have Been Served Divorce Papers in Wisconsin, Contact Our Legal Team Today

Being served with divorce papers in Wisconsin marks the beginning of a complex legal process. By staying informed, seeking legal advice, and following the necessary steps, you can navigate this challenging time with greater confidence and clarity. Contact us for legal guidance in your divorce matter.