I am currently helping my boyfriend go thru his divorce and neither him nor i have had divorce in our lives before so we're going at it a little blind. here's the situation.
almost 2 years ago his wife cheated on him after only being married a little under a year. he kicked both her and his son out to live with her parents because he knew no matter what, he would be taken care of. both of them want the divorce, however she is a HUGE manipulator and says one thing and does another. We're now able to afford to start the divorce, however it will most likely need to be pro-se because the money coming in isn't enough to afford a divorce. His wife HAD drawn up divorce papers however they probably weren't filed just because the bf never signed because they were such a joke. oh yeah, another twist? she's 8 months preggy with another man's child. now, we know in wisconsin the bf will automatically be put on the BC, and the paternity test will need to be done (which she said she'd take care of, who knows). the bf would like at least shared custody of his son and just wants this over with so we can continue with our lives. they had no assest, no home, no car..nothing. she's on state benefits, i believe that matters. i guess my main questions are...can he just go get the papers from the courthouse and file them? can they even be filed with her being pregnant? what steps need to be taken to complete the divorce?...we're both at a complete loss really....HELP!!!
Yes, he can file paperwork on his own. I'm not sure how it is in other counties, but in Dane County all the paperwork is online at http://www.co.dane.wi.us/clrkcort/court_forms_family.htm
File the paperwork and have her served with the petition and summons (you can do it in person or have a sheriff do it). Then you will need to either fill out a Marital Settlement Agreement or request a pre-trial conference. The Marital Settlement Agreement basically lays out things like division of assets/debt and whatnot. If she isn't willing to agree, all you have to do is write to the court, say you can't come to a consensus, and request a pre-trial conference. After this, the ball is rolling and the judge will issue a trial date.
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