Divorce in Wisconsin
A divorce can be a difficult and exhausting time for all parties involved. If you’re struggling to deal with the divorce process, you may need a divorce attorney to guide you through the process.
It’s unfortunate, but we may sometimes find ourselves unable to continue with a marriage, despite our vows. Many things can come up that harm your relationship, but now, you’ve decided that it’s best for you and your spouse to end your marriage through divorce.
Unfortunately, there are many steps involved in divorcing a spouse, especially if you’ve been together for some time. You might struggle to separate your property, make decisions for your children, and prepare for child support. All these things can turn even the most amicable parting into a fight in court over your property and children. At Karp & Iancu, we understand the emotional and financial impact of a divorce, and we’ll do our part to make the process easier on you.
About No-Fault Divorce Laws
When you’re seeking a divorce you might be worried about the reason. That’s especially true if you’re concerned about the circumstances. Perhaps you didn’t suffer from abuse or adultery, so you might be concerned that you don’t have a strong enough reason to seek out a divorce.
Like many states, however, Wisconsin is a no-fault state for divorce. That means that even if you don’t have a specific reason for your divorce, you may still file, but your circumstances can affect your case. For example, if your spouse is abusive, you may need to speak with your lawyer about discussing this in court. You want to keep yourself and your children safe, so these factors can affect child support, custody, and visitation.
Divorce Laws Affecting Property Division
When preparing for a divorce, the splitting of property can be difficult. You and your spouse may have purchased many things together, and you may be concerned about getting your fair share if one of you contributed more. For example, if you stayed at home to care for the children, you likely did not contribute as much to the purchase of your house as your spouse.
Typically, property division is based on whether something is a marital asset or not. Some things like debt gained before marriage or an inheritance will not be split between the spouses. Something that was purchased during the marriage should be split equally. For example, while you may not have purchased the family car, you may still be eligible to receive part of its worth.
When preparing for court you may need to gather all evidence of your assets so you know what’s rightfully yours. From there, you should receive half the marital assets.
Deciding Custody and Support in a Divorce
When you’re a parent, one of your first concerns during a divorce may be your children. You want them to be safe, and you want what’s best for them. Unfortunately, it can be tough to determine the best option for your children without an experienced divorce attorney to guide you through the options.
Typically, custody is decided based on the best interests of your children. That means the custodial parent is chosen on factors like proximity to the child’s school, the parent’s health, and how much custody with that parent will affect the child’s daily life.
If you’re the noncustodial parent you’ll need to consider child support. Child Support in Wisconsin is typically decided based on how many children are involved. So, if you have five or more children, your child support may be as high as 34 percent of your income. You may need to discuss that amount with your lawyer and decide whether your child support is accurate.
Visitation Rights After Divorce
If you’re not the custodial parent, understanding your visitation rights is important. You may not be able to take care of the children full-time, but it’s in their best interests to have both parents in their lives. As such, you’ll need to make sure your visitation agreement is being respected.
Typically, you and your spouse will make an agreement before the divorce is finalized on the custody and parenting time each parent will receive. That way you should know how much time you’ll have to see your child and what you’re able to participate in.
Unfortunately, your spouse may not be willing to work with you on the visitation agreement. Instead, they may try to limit or stop your time with your children.
All these reasons and others may not be acceptable in divorce court. Unless there is a serious problem or an emergency, you should have that promised time. If you’re not getting it, be sure you document your missing visits and schedule a hearing with a judge. They should be able to enforce your visitation time.
We don’t want you to struggle with your divorce proceedings, and we understand this process can be overwhelming. Here are some frequently asked questions to help you decide your next steps, but feel free to set up a free consultation to discuss your specific needs with our award-winning staff.
I’m a grandparent. Can I seek visitation rights after my son or daughter’s divorce?
While most visitation rights you from the workforce, or perhaps you stayed home to take care of the children and home. Fortunately, you will be able to seek alimony if you show that you need spousal support to maintain a healthy standard of living in Milwaukee.
If my spouse was abusive, what can I do when finalizing my divorce?
First, you may consider seeking a restraining order to protect yourself and your children. Next, you’ll need to gather any evidence of abuse by your spouse. Fortunately, presenting that evidence to a court can keep your children out of their custody. You may even stop visitation, since it could put you and your children in danger, which is obviously not in the children’s best interests.
Can I seek alimony in my divorce?
A divorce can be especially difficult on spouses who can’t immediately support themselves. For example, a disability might be keeping you from the workforce, or perhaps you stayed home to take care of the children and home. Fortunately, you will be able to seek alimony if you show that you need spousal support to maintain a healthy standard of living in Milwaukee.
Sadly, a divorce is rarely easy. Even if you and your spouse are on the same page, there may be disputes which cause heartache and trouble for you, your spouse, and any children. Whether you need a mediator to help you and your spouse make decisions for your future or you’re trying to protect your future during litigation, a lawyer can make a difference.
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