10 Things To Know Before Filing for Divorce In Wisconsin
Filing for divorce is a major life decision that can be emotionally and legally complex.
If you’re considering divorce in Wisconsin, it’s essential to understand the laws and procedures that will affect your case. At Gerard Law Firm, we’re here to help you navigate the process and protect your rights every step of the way. This guide covers the ten key things you need to know before filing for divorce in Wisconsin.
Wisconsin Is a No-Fault Divorce State
In Wisconsin, you don’t need to prove fault, such as adultery or abuse, to file for divorce. The court only requires that the marriage is "irretrievably broken," meaning there is no chance of reconciliation. This no-fault system reduces the need for contentious court battles over who is to blame, but it’s still important to present your case thoughtfully to protect your interests.
Residency Requirements Must Be Met
Before filing for divorce in Wisconsin, one or both spouses must have lived in the state for at least six months and in the county where the divorce is filed for at least 30 days. This ensures that Wisconsin courts have jurisdiction over your case. Filing in the wrong jurisdiction can lead to delays or even dismissal, so verifying these requirements is crucial.
There’s a Mandatory Waiting Period
Wisconsin law requires a mandatory 120-day waiting period from the date you file before the divorce can be finalized. This time is designed to allow for reflection or negotiation. Even in cases where both parties agree on all terms, this waiting period is mandatory, so it’s important to plan accordingly when considering timelines for your divorce.
Division of Property Follows Community Property Rules
Wisconsin is a community property state, meaning marital assets and debts are generally divided equally between the spouses. However, the court takes into account factors like the length of the marriage, the financial situation of each spouse, and any prenuptial agreements. It’s essential to fully disclose all assets and debts to ensure a fair division.
Child Custody Decisions Focus on the Best Interests of the Child
When determining custody and placement of children, Wisconsin courts prioritize the best interests of the child. This includes evaluating factors like the child’s relationship with each parent, the ability of the parents to cooperate, and the child’s adjustment to their home and school. Courts aim to create a stable environment for the child while promoting meaningful relationships with both parents whenever possible.
Spousal Maintenance (Alimony) May Be Awarded
Spousal maintenance, also known as alimony, is not automatically granted in Wisconsin divorces. The court considers factors like the length of the marriage, the education and earning capacity of each spouse, and the contributions each spouse made to the marriage, including homemaking and child-rearing. The goal is to ensure a fair financial arrangement that supports the lower-earning spouse during and after the divorce.
Child Support Is Determined by a Formula
Wisconsin uses a percentage-of-income formula to calculate child support, taking into account the non-custodial parent’s income and the number of children involved. However, the court can deviate from this formula based on factors such as shared placement arrangements, the child’s needs, and the income of both parents. Regular updates may be necessary if circumstances change.
Mediation May Be Required
In cases where custody or placement is contested, Wisconsin courts often require mediation to help parents reach an agreement outside of court. Mediation is typically faster and less expensive than litigation and allows parents to maintain more control over the outcome. If mediation fails, the court will make the final decisions regarding custody and placement.
You Need to Prepare Financial Documents
A divorce requires full financial disclosure from both spouses. You’ll need to gather documents such as tax returns, pay stubs, bank statements, retirement account information, and records of debts like credit cards or mortgages. Providing accurate and comprehensive financial information is essential to ensure a fair division of assets and debts and to determine support obligations.
Hiring The Right Divorce Attorney Is Essential
Divorce laws can be intricate, and every case presents its own unique challenges. Having the right attorney by your side ensures that your rights are safeguarded, your paperwork is handled accurately, and your case progresses smoothly. A strong advocate can assist with negotiations, help you understand the legal nuances of your case, and represent your interests effectively in court.
Divorce is a significant step that requires careful consideration and preparation. At Gerard Law Firm, we are here to guide you through every stage of the process, ensuring your rights and future are protected. Whether you need help navigating custody arrangements, dividing assets, or understanding the legal steps involved, our team is committed to providing you with reliable advice and dedicated representation. Contact us today at (414) 690-9872 or visit GerardLaw.org/contact to schedule a consultation and take the first step toward resolving your case with confidence.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gerard Law Firm. For advice regarding your specific legal situation, please contact a qualified attorney. If you wish to retain Gerard Law Firm, you must sign a formal agreement. Always seek professional legal counsel for advice tailored to your unique circumstances.
