In Wisconsin, you do not need to prove misconduct such as adultery, incompatibility, mental cruelty, domestic violence, or any other reason to secure a divorce. The basis for a Wisconsin divorce is simply establishing that the marriage is irretrievably broken and that there is no chance of reconciliation. A judge can determine that a marriage is irretrievably broken even if only one spouse wants a divorce.
It doesn’t matter how long you have been with your partner in our state. Wisconsin does not recognize common-law marriage. Unless you have a legal marriage certificate, you cannot hope to receive automatic inheritance rights, survivorship benefits, or other spousal rights. If you live with a domestic partner and wish to leave estate assets to your partner upon death, speaking with an attorney experienced in estate planning is essential.
It doesn’t matter how long you have been with your partner in our state. Wisconsin does not recognize common-law marriage. Unless you have a legal marriage certificate, you cannot hope to receive automatic inheritance rights, survivorship benefits, or other spousal rights. If you live with a domestic partner and wish to leave estate assets to your partner upon death, speaking with an attorney experienced in estate planning is essential.
Wisconsin has no formulas for determining maintenance (also known as spousal support or maintenance), making it difficult to estimate how much maintenance will cost. Spousal maintenance is calculated on a case-by-case basis and is not guaranteed in every divorce case. Wisconsin courts may grant maintenance to either divorcing spouse in any divorce, annulment, or legal separation case. Various factors will determine whether a judge believes that one of the spouses qualifies for maintenance payments, such as property division, the length of the marriage, each party’s education levels, the earning capacity of the party seeking maintenance, and more.
Every state has different child support guidelines and worksheets that help determine how much financial support is required from parents after separation. First, each party’s net income must be calculated, which includes all wages, commissions, overtime pay, tips, bonuses, rental income, and interest income. Then, the courts look at the needs of the children, the physical placement schedule, and other factors, such as income disparities between the two spouses. All these factors are weighed against the state’s child support guidelines to determine the correct amount for child support payments.
In some cases, divorcing spouses can agree on custody and placement. If they cannot, a judge determines custody and placement in what they believe to be the best interest of the children. When making these decisions, judges consider various pieces of evidence and other factors, including the wishes of the children, reports from counselors and physicians, the mental and physical health of all parties, availability of childcare services, the educational and developmental needs of the children, and the relationships and quality time that the children spend with their parents and other relatives.
Mediation is when the soon-to-be ex-spouses sit down with a neutral third party (the mediator) to work through their differences and attempt to find common ground or compromise in their family law cases. In mediation, the divorcing spouses, and not a judge, can decide what is best for their children, as well as the division of property and assets, retirement, insurance, taxes, and other issues. Mediation is not a litigious process but a cooperative one.
Yes, of course. We understand that these issues can be very sensitive, and you may not wish for your partner or other family member to know that you are speaking to a lawyer. When you speak to our legal team, you can rest assured that your consultation will be confidential. Please schedule your complimentary consultation with our lawyers today to learn more.