Wisconsin Law defines divorce as the dissolution of a marriage between married people. The state of Wisconsin follows no-fault divorce, meaning the two parties do not have to prove fault to begin the divorce process. Instead, either party must state under oath that there is an irretrievable breakdown of their marriage with no hope of reconciliation. Our family law attorneys have years of experience navigating the Wisconsin divorce process for the communities of Milwaukee, Glendale, Appleton, Brookfield, & Madison.
Most people think of divorce as a vicious legal battle, but it doesn’t have to get ugly. In fact, many people come to an agreement that a divorce is what is best for them. If you both agree that you want a divorce, then you should have a discussion about the issues that face you with the divorce – i.e. child placement, support, division of assets and debt. If you come to an agreement on every issue in the divorce, then you can proceed with an uncontested divorce. This is more cost-effective than going to trial and contesting the placement of every asset. See also: How much does a divorce cost in Wisconsin?
Moving forward with an uncontested divorce can be a lot faster and less expensive for you, and can save you the stress of going to trial. To get started, you can file a joint petition for divorce. Once the case is filed, you will both have to file a financial disclosure statement that will identify all of your income, assets, expenses, and liabilities. Ultimately, you will need to reduce your agreements to writing in a document called a Marital Settlement Agreement. All this paperwork, and possibly any additional county-specific required forms, must be completed and filed in the proper court, which is typically the county in which you live.
Once you have completed all the paperwork and submitted it to the court, you will be given a court date at which you will both need to attend. There is a set of general questions that the court will ask each of you and then the judge will verify your understanding of your agreement. If there are no issues with your paperwork, the judge will sign the Findings of Fact Conclusions of Law and Judgment and your divorce will become final.
A contested divorce occurs when the two parties don’t agree on all withstanding issues. The disagreements will either be resolved through mediation or taken to court and presented to a judge. The judge will issue the final hearing, which will resolve all withstanding issues.
The collaborative divorce process is an alternative way to resolve your contested issues related to the divorce without fighting a lengthy legal battle in court. The process requires a commitment by both parties to be transparent and open-minded to negotiate and work together to reach a final settlement agreement.
In this process, both parties have to agree to participate, and both parties must hire an attorney who is trained in the collaborative process. Untrained attorneys will lack mediation skills needed to reach an amicable agreement between the parties. Once the parties have committed to the process and found an attorney, you will sign an agreement to engage in the collaborative process and avoid court.
The process involves a series of meetings with the attorneys and parties. Some couples only need a few meetings and some require several meetings over several months. It depends on the complexity of the divorce and the number of disputes. The first meeting is to review the collaborative divorce agreement and verify everyone’s commitment to the process. The attorneys then work through the disclosure of financial information and preparation of a joint financial disclosure statement, addressing child custody and placement, support, and division of property and debt. The goal of the meetings is to finalize a Marital Settlement Agreement.
The collaborative process can also involve a number of other professionals to resolve all disputes. Often times it is suggested that the parties hire a “coach.” The coach is a mental health professional hired to help deal with the emotional side of the divorce. If there are issues with a divorce involving children, the parties can hire a Child Consultant. If the divorce involves complex financial issues, the parties can hire a Financial Neutral, which is a single financial consultant trained in the collaborative process and hired to assist both parties on financial matters.
The most appealing advantage of the collaborative process is that your personal disputes with your spouse aren’t settled by a judge who does not know much about the two of you. The collaborative process allows you and your spouse to be in control of all of the decisions and resolutions.
Divorce is difficult and can be messy. If you and your spouse are willing to commit to a process that is resolution-focused with a team of professionals ready to help you, then a collaborative divorce may be the right path for you.
Legal separation is a legal process similar to a divorce, but it’s different in important ways. After a legal separation has been finalized, the couple remains legally married but usually lives separately from each other with separate assets and specific placement time with their children.
In order to determine when a legal separation makes sense, it is important to understand the differences between legal separation and divorce.
The court rules on the same issues, including:
Though similar, there are significant differences, including:
One of the most common reasons to opt for a legal separation over a divorce is if a divorce goes against a party’s religious or cultural views. For other people, allowing one party to maintain health insurance is critical because of costs and ongoing health issues.
An often overlooked reason to opt for legal separation is how quickly it can be filed after establishing residency in Wisconsin. While a person must live in Wisconsin for 6 months to file for divorce, legal separation only requires a party to live in Wisconsin for 30 days. Since a legal separation addresses similar issues as a divorce, a party is able to begin negotiation of the division of assets, set up a placement schedule for the kids and move forward with living separate lives. Once the person has been in Wisconsin for 6 months, the legal separation can be converted into a divorce.
If you think a legal separation could be right for you, contact Divergent Family Law to discuss your best options.
Compared to divorce, legal separation provides a much simpler path back to married status for couples who feel there might still be a possibility of reconciliation. It also helps parties begin the process of financially separating from one another while allowing the parties to maintain many of the financial benefits of marriage.
No – though many couples do choose to physically separate before filing for legal separation, physical separation is not a requirement. In cases where financial disagreements are a barrier to physical separation, a legal separation can be a tool to possibly conclude the disagreements and provide a viable path to physical separation.
Yes – ending a legal separation is relatively simple but requires both parties to agree.
After obtaining a copy of your original Order of Separation, you and your spouse will:
Your attorney will help you draft this paperwork. Once the paperwork is finalized, it will be filed, along with your original Order of Separation and the required filing fee, in the same county where the legal separation was initially filed.
Yes – but the process varies depending on whether both parties want the divorce.
If you and your spouse agree, you can file a joint stipulation. This makes the process much simpler and typically does not require additional wait times.
If one party wants to convert the legal separation to a divorce, and the other does not, the party who wants to convert may file a petition for conversion. This option may only be pursued after the legal separation has been granted for at least one year.
The State of Wisconsin does not provide an upper limit on how long you and your spouse can maintain the status of legal separation. Wisconsin does provide a minimum time period, at least one year from the granting of a legal separation, before one party can unilaterally petition for divorce.
Getting a divorce is an incredibly overwhelming and emotional process. It can be an isolating and feelings of shame can overwhelm people. Protecting your financial and legal rights should be on the forefront of your mine. This is why preparing for divorce is best to protect your own interest before the divorce even begins.
Regardless for who is to blame for the divorce, here are 4 things that you can proactively do if you think divorce may be looming:
There is a lot of paperwork involved in the divorce process. You will also need to have supporting documentation if there are any disputes on property division. To help out your future self, be proactive and start setting aside the necessary documents. Below are examples of some documents to begin gathering:
No one gets married thinking they will end in divorce. Taking precautions in the tough times does not mean you will end in divorce. However, it does mean easing the stress should you end in the worst-case scenario.
While the end of the year is a popular time for marriage proposals, the beginning of the year may be the most ideal time to file for divorce. The holiday season can be stressful and emotional, and the new year often brings the desire for a fresh start. January is an ideal time to file for divorce because:
With the busy holiday season coming about in December, it is possible your finances have received a boost. Specifically, you may have received monetary gifts, holiday bonuses or even quarterly payouts. The extra income from these sources may have given you the necessary resources to file for divorce. January is also a great time to review your budget, create a reduced spending plan and commit to saving more.
Whether or not you were preparing for divorce, you’ll have to start organizing documentation for the prior year in anticipation of the upcoming tax season. Just like preparing for tax season, filing for divorce will require you to collect documentation from many aspects of your life. If you are filing for divorce, you are going to want to gather any prenuptial or postnuptial agreements, investment statements, loan statements, titles, property deeds and more. Following the holiday chaos, January is the ideal month to get yourself organized, especially if you are planning to file for divorce.
The holidays bring about a mess of obligations and stress, especially if you are not getting along with your spouse. Between full schedules and numerous holiday gatherings, emotions and arguments can flare. While it may seem obvious to you in December that you want to end your marriage, consider waiting until January after you have had some time to cool down. If by January you still feel like divorce is the way to go, you can have confidence you are making the decision with a clear mind.
One party must be a Wisconsin resident for at least 6 months and a resident of his or her Wisconsin county for at least 30 days before filing for divorce.
Divorce actions can be filed independently by one party or jointly by both parties. In order to file for divorce, you will be required to file a summons, petition, and confidential petition addendum in order to begin the divorce proceedings.
If your situation requires a temporary order, you will have to additionally file an affidavit to show cause for the temporary order and file a formal request for a temporary order hearing.
After filing the paperwork, there is a 120-day waiting period in Wisconsin before the final hearing can commence. Pre-marital agreements, alimony (spousal support) and division of property issues may arise during this period. If there are children involved, child support, child custody and placement issues must be discussed.
A final Marital Settlement Agreement must be approved by the court at the final court hearing for the divorce to be granted.
After being served divorce papers, you have 20 days from the date you were served to file a written admission of service, a response, and a counterclaim. Failing to do so may leave you open to a default trial hearing.
The cost of divorce can vary greatly based on your specific case and the contested issues involved in your case. Make sure to consider filing fees and the county you reside when calculating the costs. Contact an experienced divorce attorney at Divergent Law at our offices in Milwaukee, Glendale, Appleton, Brookfield, & Madison to discuss costs and flexible payment plans.
During divorce proceedings, the division of finances and property is always stressful, and marital waste can be an overlooked financial issue. Marital waste takes many forms.
The core aspect of marital waste is one spouse disposing of or misusing marital assets to the detriment of the other. Wisconsin is a community property state, meaning the court begins divorce proceedings presuming a 50/50 property division is fair and equitable. It is then up to the harmed party to prove the other party committed marital waste.
To show the court your former spouse committed marital waste, you must provide evidence and testimony proving the following:
During divorce proceedings, both parties are entitled to all information regarding marital assets for the year prior to the initial divorce filing or back to the date of marriage, whichever is shorter. You are entitled to review deed transfers and property sales and know the status of any asset valued at $500 or more. Time is a critical factor in trying to prove marital waste has occurred. If you believe marital waste has occurred, it is critical to make your claim as soon as possible. As more time passes, it will only get more difficult to prove.
Once marital waste is proven, the court may award any or all of the following remedies to the harmed party.
If you suspect your spouse has committed marital waste, gather as much financial information as possible and consult with an experienced attorney at Divergent Family Law right away.
Divorce can bring about unique challenges for stay-at-home parents. Financial stability is one of the biggest concerns when it comes to being a stay-at-home parent, and you have the right to be able to financially support yourself and your children during and after the divorce.
While spousal support is not necessarily guaranteed for your divorce, the award will be based on different statutory factors and how they apply to the facts of each case. In Wisconsin, spousal support is meant to put the receiving spouse in a position to allow them to become self-sufficient. It is important to note that marital misconduct, such as infidelity, will not be considered in a determination for spousal support. Wisconsin is a no-fault divorce state, meaning the reason for the marriage ending will not have any impact on how the case proceeds.
A vocational expert is a professional trained to make determinations on one’s earning capacity (both short-term and long-term) based on job skills, education credentials, work history and jobs that may be available in the local area. Vocational experts are very commonly utilized in family law, especially in cases involving maintenance.
It’s important to note, a vocational expert is someone you hire privately to make a statement on your earning capacity during divorce proceedings. A judge is not legally bound to rule based on the opinion of a vocational expert, but they tend to make very compelling arguments. A vocational expert can help provide the most accurate understanding of what both parties will reasonably be expected to earn upon the dissolution of the marriage.
The most common situation in which you may need the help of a vocational expert is when your spouse is attempting to avoid paying spousal maintenance to you by suggesting their income is insufficient to support both of you. Providing the court with a written evaluation by a vocational expert can help shed light on your spouse’s actual earning potential.
In the opposite case, you may be looking to prove to the court you’re unable to earn as much as you had in the past due to extenuating circumstances, and you believe you are unable to pay spousal support. Hiring a vocational expert can further explain your circumstances and lend credibility to your argument.
While no one wants to add costs to their divorce budget, a vocational expert can save you serious money in the long run. A skilled vocational expert will work alongside you and your attorney, go over the facts of your and your spouse’s finances, and provide the best possible analysis of your current situation and earning potential.
The decision to get a divorce is difficult enough, let alone the actual process of separating. In order to make the process as painless as possible, there are things you should do, and things you should not do. Divergent Family Law has extensive experience guiding people through divorces, and we’ve seen it all. Here are some of the most important things to do to make your divorce process as smooth as possible.
Your main concern should be staying strong and caring for yourself through the stress and uncertainty of the divorce process. Divorce is emotional, and emotional decisions are often impulsive. When making decisions while divorce proceedings are ongoing, it’s important to take your time, sleep on big issues and make decisions calmly.
Your primary goal through the divorce process should be to remain calm and rational as much as possible. Everyone has different methods for coping. You can try yoga, meditation, counseling or anything else that helps you manage stress. Through the divorce process, every action and decision you make can have serious, long-lasting consequences, and you want to know you’re able to stay calm and make the right decisions for your future.
In a Wisconsin divorce, both parties have a right to equitable distribution of marital property, including bank accounts. Generally speaking, it is not usually advisable to make major purchases while a divorce is pending. Large purchases, especially ones that could be considered irresponsible, can be used against you in the courtroom. It is a better idea to be patient, entrust your case to a skilled attorney and put off big purchases until after the divorce is finalized.
There is absolutely no reason to lie to your lawyer. They are there to protect you, and everything you tell them is entirely confidential. Your attorney needs to fully understand all the facts that could affect your case in order to effectively work for the best possible resolution.
Your attorney has heard it all, and they will handle all discussions as professionals. Criminal history? Under the table income? Affair? Any small detail may be important and necessary for your lawyer to draft a strategy to secure the best possible outcome in your divorce.
Even if your divorce is entirely amicable, you should take an inventory of all marital assets, debts and liabilities. As long as both you and your spouse are being honest, an inventory list will only protect each of you.
Making the list can be a daunting task, as people tend to accumulate a lot of assets and items over the course of a marriage. You must ensure you list all property, vehicles, bank accounts, retirement accounts, debts, etc. Depending on your volume of assets, you may consider retaining a forensic accountant to follow the money trail and track where your assets have come and gone through the years.
Divorce is always stressful, and it’s normal to not know where to start. An experienced divorce attorney can help ease your mind, and advise you on the best steps to take to move your life forward. When you first sit down with an attorney to discuss your case, there are certain topics you should be sure to cover.
While it is not required to hire an attorney, navigating divorce proceedings on your own is rarely a good idea. Divorce is more than simple paperwork and forms. Ultimately, a divorce is a lawsuit, understanding the process and how the law applies to your situation can be critical for securing a favorable outcome. You also need to be prepared for court hearings and understand how to keep moving your case forward. Talk to an attorney before deciding to handle your case alone.
Legal costs for a divorce will vary based on the specific case, the amount of work necessary and the time duration of the case. While representing yourself may save you money upfront, it could end up costing you big in the end. It is imperative for you to protect your rights when dealing with issues of custody and placement, property division, and support. Unlike most attorneys who work on retainers and hourly rates, the attorneys at Divergent Family Law work on a flat fee system so you know all of your costs upfront with no surprises. Call today to set up a free consultation with one of our attorneys. We will meet with you, evaluate the facts of your case and give you a comprehensive quote.
Maintenance determinations in Wisconsin are based on factors such as the length of the marriage, tax implications to each party, physical and emotional health of the parties and spousal earning capacity. A skilled attorney at Divergent Family Law will be able to examine the factors in your specific case and make an informed estimate on whether you will have to make maintenance payments.
Wisconsin is a community property state, meaning the court enters all divorce proceedings assuming a 50/50 split of marital property will be equitable. Each case, however, is unique and a 50/50 split is not necessarily set in stone. When meeting with your attorney, be sure to ask about your options and they will help determine if you may be able to argue for a more significant portion of marital property.
Custody and placement issues are a necessary evil for divorces involving children. It is important for your attorney to lay out your options for custody and placement so you can make an informed decision on your approach. Your attorney will be able to determine if you have a case for sole legal custody and make informed assumptions on physical placement percentages.
There are three common scenarios for how the marital home is handled after a divorce. Either spouse can keep the home, or the house can be sold with the proceeds divided equally between the parties. Several factors can impact the final decision, such as if the house was inherited or purchased individually by one party before the marriage began. You should lay out all the facts and the action you would like to take with your attorney when discussing your case. They will be able to determine your best options and find your best path forward.
Every divorce case is different. It is important to recognize your lawyer will be able to advise you on how court proceedings may go to the best of their knowledge and abilities, but the ultimate decisions will still be determined by the court. It is critical for you to be 100% honest with your attorney through every stage of the divorce proceedings. If they don’t have all the facts, it will only come back to bite you in the courtroom.
The family court system is uniquely personal and emotional. If you are going through a divorce, you need an attorney by your side with a deep understanding of the intricacies of family court, the unique processes and specific laws. Here are four factors you should take into account when choosing your divorce lawyer.
Once you’ve found an attorney you like, go to their website and look around a bit. They should have a relatively up-to-date and intuitive website where you can learn more about the firm and individual lawyers.
Take a look at reviews from former clients of the firm. They’ll have honest opinions about the attorneys and you may even be able to see the results of certain cases. Your main goal is to narrow the list of thousands of attorneys in your area down to a handful before making your final choice.
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