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My husband filed for divorce. in Wisconsin. There is a 120…

My husband filed for...

My husband filed for divorce. in Wisconsin. There is a 120 day waiting period. He decided he wanted to give it one more try so we signed a 90 day hold on the divorce. The original 120 date would have been April 18th this week. He has now left again. He is supposed to call his lawyer and withdraw the hold and start the process again. Does the 120 days start over again? I am self represented. We had the temporary agreement already filed but had not gotten the MSA finished or filed yet as his paralegal was very slow. It was supposed to have been done in Feb or March. Its a very simple divorce. He is just walking a way with his truck and boat and a little miscellaneous which we are agreeing on ourselves. He is leaving me the house etc. We are keeping our own retirements, no maintenance and not splitting the equity in the house. He is literally walking away. His lawyer told him to pay me 200 a month until the house is refinanced and the payment goes down and his name is ***** ***** it. Our kids are over 18. One is disabled in a wheelchair so the house is set up for him. Although he wants to live with his dad. More info than you needed but wanted to make sure I gave you what you did need.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in WI family court?

Yes. He filed, I answered, temporary agreement filed and the 90 day hold was filed.

Lawyer's Assistant: Has he talked to a lawyer about this yet?

I assume he is going to call his lawyer in the morning.

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Answered in 8 minutes by:
4/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,150
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

In Wisconsin, the 6 month period starts when the summons is filed. If the suspension is agreed to and put on hold for the 90 day period, the 120 days continues to run, but the divorce is essentially paused and any temporary orders or the like are also put on hold. If the suspension is lifted, the process resumes, the 120 would be counted from the date of the summons and the temporary orders would be reinstated. There is a form his attorney will file with the Court to reinstate the case.

The Court would then proceed with the process of status conferences to determine where the case is and will a time for trial unless an agreement is reached that could be presented to the Court.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 5 months ago
Its 4 months in Wisconsin. He filed the original summons on December 18th, 2017. So when his lawyer/paralegal files to stop the hold we just continue on like nothing happened time wise. Is that what you are saying? So it will just be a matter of filing the Marriage settlement agreement with the court and then asking for a final hearing date?

That was an error on my part, apparently when I did the math in my head I had 120 being 6 months. You are correct the 120 days - and it keeps running during the suspension. So if it started on December 18, 2017 as of today it has been 118 days. And yes, his lawyer/paralegal/someone from his firm files to reinstate.

With a signed agreement, it is as straightforward as doing just that, filing the MSA and then asking for the final hearing.

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Customer reply replied 5 months ago
No Problem. Figured that is what you did. That's great. Just want to get it over with so I can get the house refinanced and lower the payment. The hold paperwork said either of us could stop the hold by writing a letter to the court I will make sure he knows to have them file tomorrow to end the hold. I know that's not the technical term. LOL.

Not an issue at all, and the term hold is actually commonly used in regards ***** ***** matter being suspended or put on hold. Bot***** *****ne for you is that if you have everything resolved then you shouldn't be long from getting this behind you.

Please let me know if there are further questions and 5 stars are always appreciated and you can ask any follow up questions after rating.

Best of luck!

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,150
Experience: Family Law Attorney in Private Law Firm
Verified
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