The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in Manitowoc any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Krajnek Law Office, as your divorce lawyer, I know you have questions. I help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact me online or at 920-769-5027 to schedule a free initial consultation.
No-fault Divorces
Wisconsin is a no-fault divorce state. When a marriage is deemed irretrievably broken the court will likely grant a divorce, regardless of any showing of fault by one party or the other.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property may include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
Wisconsin courts are required to divide property in divorce fairly and equitably. In most cases this results in an equal division of marital property. However, there are exceptions. When dividing property in a divorce, the court may deviate from an equal division of property after considering the following:
(a) The length of the marriage.
(b) The property brought to the marriage by each party.
(c) Whether one of the parties has substantial assets not subject to division by the court.
(d) The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services.
(e) The age and physical and emotional health of the parties.
(f) The contribution by one party to the education, training or increased earning power of the other.
(g) The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.
(h) The desirability of awarding the family home or the right to live therein for a reasonable period to the party having physical placement for the greater period of time.
(i) The amount and duration of an order granting maintenance payments to either party, any order for periodic family support payments, and whether the property division is in lieu of such payments.
(j) Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests.
(k) The tax consequences to each party.
(l) Any written agreement made by the parties before or during the marriage concerning any arrangement for property distribution; such agreements shall be binding upon the court except that no such agreement shall be binding where the terms of the agreement are inequitable as to either party. The court shall presume any such agreement to be equitable as to both parties.
Spousal Support in Wisconsin
Spousal support, also commonly referred to as maintenance, may be awarded by the court as part of a final divorce judgment. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to maintenance or the court can order it. Decisions about maintenance are made based on many factors, but the more common factors include:
- Age of the parties
- Health (physical, mental, emotional)
- Education
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
- Need for financial support
Child Custody in Wisconsin
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support in Wisconsin
Both parents are required to provide financial support for their children. Whether one parent has primary placement, or if the parties have shared placement, including equal placement, the court may impose a child support obligation as part of a judgment of divorce. In most cases, child support is established in accordance with the rules provided by the Wisconsin Child Support Guidelines. However, in certain circumstances the court can deviate from the Wisconsin Child Support Guidelines.
Contact a Divorce Attorney in Wisconsin Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact me online or call me directly at 920-769-5027 to schedule a free initial consultation.