By: Erin M. Idler, Attorney & Mediator
If you are considering divorce, one of the first questions you likely have is: how long does it take?
While every family’s situation is unique, there are some consistent legal timelines in Wisconsin that provide a starting point. Understanding those timelines and the factors that influence them can help you make informed decisions and avoid unnecessary delays.
At Hansen & Hildebrand, we focus on low-conflict, thoughtful resolutions. The choices you make at the outset of your case often have the greatest impact on how long your divorce ultimately takes.
The Mandatory 120-Day Waiting Period
In Wisconsin, there is a required 120-day waiting period for divorce. This period begins when the divorce petition is filed with the court and the other spouse is served.
Even if you and your spouse agree on every issue, the court cannot finalize your divorce until those 120 days have passed.
For couples who are aligned and ready to move forward cooperatively, the divorce can often be finalized shortly after that waiting period ends.
How Long Does an Uncontested Divorce Take?
If you and your spouse reach an agreement on all issues, including:
- Property division
- Debt allocation
- Maintenance (spousal support)
- Child custody and placement
- Child support
Then your divorce may be completed soon after the 120-day period concludes.
Typically, this requires a final hearing where a judge reviews and approves your agreement. Depending on court scheduling, this can add some additional time.
However, in certain cases, couples may qualify for Divorce by Affidavit, which allows the divorce to be finalized without a court hearing if both parties are represented or working cooperatively through a lawyer mediator. This can reduce scheduling delays and simplify the process.
When couples approach divorce collaboratively and focus on resolution rather than conflict, the timeline is often measured in months, not years.
How Long Does a Contested Divorce Take?
If you cannot reach an agreement on key issues, the timeline becomes less predictable.
A contested divorce may involve temporary order hearings, pretrial conferences, formal financial disclosures, settlement conferences, and potentially a trial. In these cases, the process can take one to two years, depending on the complexity of the issues and the level of conflict.
The more court involvement required, the longer the case typically lasts.
What Affects the Timeline?
Several factors influence how long a divorce takes:
- Level of conflict: Cooperative communication can significantly shorten the process.
- Financial complexity: Business interests, retirement accounts, or disputed valuations can require additional time.
- Parenting disputes: Custody disagreements may involve mediation, a guardian ad litem, or evaluations.
- Court scheduling: Even efficient cases depend on court availability.
Choosing the Right Process
The process you choose matters. Mediation and Collaborative approaches often reduce conflict, streamline negotiations, and keep decision-making in your hands. Litigation may be necessary in some cases, but it typically increases both time and cost.
Divorce is not simply about finishing the process as quickly as possible. It is about reaching informed, sustainable agreements. While Wisconsin law requires at least 120 days, the overall timeline largely depends on preparation, communication, and your willingness to work toward a resolution.
If you would like to understand how long your specific situation may take, Hansen & Hildebrand offers a free initial phone consultation to help you explore your options and plan your next steps. Contact us today to get started.
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