So I live in Wisconsin and my husband lives in Virginia we got married in Virginia as I used to live there, I have been in Wisconsin now for about 5 years and do not talk to my husband or anything but we are still legally married. I am wondering how I go about getting a divorce from him? I have his last known address in Virginia but unsure if it is still accurate. We do have 3 kids together but neither of us have seen them or have custody of them, my mother has custody of our children together. I did file with the clerk of courts the summons and petition and confidential addendum papers and I am wondering the next steps and how long this process is going to take? Last time I spoke with my husband he is in agreeance to the divorce, there are no assets to be obtained from either party.
You can file for divorce in your State and County of Residence if you have resided in Wisconsin for more than six months and in your county of residence if you have resided in that county for more than 30 days. You can serve your husband in his State of last known address. You must first attempt to have him personally served. If that is not possible, after diligent efforts to do so, you can publish notice in the legal publication for the County of his last known residence. You can not request an Order for custody or placement if the children in a Wisconsin legal action if they have not resided in the State of Wisconsin for a period of time in excess of six months because their residence with your mother becomes their home state. Also, the court will respect other orders such as Guardianship Orders for these children.
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