Wisconsin is a no fault state. This means that the only ground for divorce is irretrievable breakdown and all fault issues are largely irrelevant as to the divorce itself. Therefore, it does not matter who files or initiates the divorce action in Wisconsin.
Further, there is really no advantage as to who files a divorce action. There are consequences, however. For example, the person who files the action, known as the Petitioner, has to pay the court filing fee which is close to $200.00. Furthermore, the Petitioner is typically responsible for the preparation of the majority of the paperwork throughout the action which could possibly result in additional attorneys fees.
However, sometimes there is no choice but to file. If a spouse is disposing of assets, refusing to pay bills, being verbally or physically abusive or engaging in other harmful activities, it is time to consult an attorney to discuss filing for divorce.
To schedule a free initial office consultation to discuss filing for divorce, please contact us at 414-258-1644 or visit us at Nelson, Krueger & Millenbach, LLC for further information.