|
Wisconsin
Divorce
Once your order has been
received it will be forwarded to the Wisconsin paralegal who will
be assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our Wisconsin Paralegals
are specifically trained in West Virginia divorce procedures and
will assist you in getting the fastest, easiest, and most affordable
divorce available.
We include all forms
needed for an Wisconsin divorce.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: One of the spouses must have
been a resident of Wisconsin for 6 months and of the county where
the divorce is filed for 30 days immediately prior to filing. No
hearing on the divorce will be scheduled until 120 days after the
defendant is served the summons or after the filing of a joint petition.
[Wisconsin Statutes Annotated; Sections 767.05 and 767.083].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: Irretrievable breakdown of the
marriage. The irretrievable breakdown of the marriage may be shown
by : (1) a joint petition by both spouse's requesting a divorce
on these grounds; or (2) living separate and apart for 12 months
immediately prior to filing; or (3) if the court finds an irretrievable
breakdown of the marriage with no possible chance at reconciliation.
[Wisconsin Statutes Annotated; Sections 767.07and 767.12]. General:
Irretrievable breakdown of the marriage is the only grounds for
divorce in Wisconsin. [Wisconsin Statutes Annotated; Section 767.07].
NAME
OF COURT IN WHICH TO FILE FOR DIVORCE: Circuit Court/Family
Court. "State of Wisconsin: Circuit Court, __________ County."
LEGAL
SEPARATION: Irretrievable breakdown of the marriage is the only
grounds for legal separation in Wisconsin. The residency requirements
are the same as for divorce. [Wisconsin Statutes Annotated; Sections
767.05 and 767.07].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: The spouses may file a joint
petition for divorce in which they both consent to personal jurisdiction
of the court and waive service of process. A copy of a guide to
Wisconsin Court procedures for obtaining a divorce is to be provided
to the spouses upon filing for divorce. Also, if children are involved
an official child support form (which is available from the court
clerk) and a financial disclosure form must be filed with the petition.
In addition, separation agreements are specifically authorized by
law. Finally, in cases in which both spouses agree that the marriage
is broken and have agreed on all material issues, the case may be
held before a family court commissioner. [Wisconsin Statutes Annotated;
Sections 766.58, 767.081, 767.085, 767.10, and 767.27].
MEDIATION
OR COUNSELING REQUIREMENTS: The court must inform the spouses
of the availability of counseling services. Upon request or on the
court's own initiative, the court may order counseling and delay
the divorce proceedings for up to 90 days. If custody of a child
is a contested issue, mediation is required. If joint custody is
requested, mediation may be required. In addition, the court may
order parents in any child custody situation to attend a educational
program on the effects of divorce on children. [Wisconsin Statutes
Annotated; Sections 767.082, 767.083, 767.11 and 767.115]. PROPERTY
DISTRIBUTION: Wisconsin is now a "community property" state. There
is a presumption that all marital property should be divided equally.
Marital property is all of the spouse's property except separate
property consisting of: (1) property inherited by either spouse;
(2) property received as a gift by either spouse; or (3) property
paid for by funds acquired by inheritance or gift. The equal distribution
may be altered by the court, without regard to marital misconduct,
based on the following factors: (1) the contribution of each spouse
to the acquisition of the marital property, including the contribution
of each spouse as homemaker; (2) the value of each spouse's separate
property; (3) the length of the marriage; (4) the age and health
of the spouses; (5) the occupation of the spouses; (6) the amount
and sources of income of the spouses; (7) the vocational skills
of the spouses; (8) the employability and earning capacity of the
spouses; (9) the federal income tax consequences of the court's
division of the property; (10) the standard of living established
during the marriage; (11) the time necessary for a spouse to acquire
sufficient education to enable the spouse to find appropriate employment;
(12) any premarital or marital settlement agreements; (13) any retirement
benefits; (14) whether the property award is instead of or in addition
to maintenance; (15) any custodial provisions for the children;
and (16) any other relevant factor. The court may also divide any
of the spouse's separate property in order to prevent a hardship
on a spouse or on the children of the marriage. [Wisconsin Statutes
Annotated; Sections 766.01 to 766.97 and 767.255].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be ordered to pay maintenance to
the other spouse, without regard to marital misconduct. The factors
for consideration are as follows: (1) the time necessary to acquire
sufficient education and training to enable the spouse to find appropriate
employment, and that spouse's future earning capacity; (2) the duration
of the marriage; (3) the financial resources of the spouse seeking
maintenance, including marital property apportioned to such spouse
and such spouse's ability to meet his or her needs independently;
(4) the comparative financial resources of the spouses, including
their comparative earning abilities; (5) the contribution of each
spouse to the marriage, including services rendered in homemaking,
child care, education, and career building of the other spouse;
(6) the tax consequences to each spouse; (7) the age of the spouses;
(8) the physical and emotional conditions of the spouses; (9) the
vocational skills and employability of the spouse seeking maintenance;
(10) the length of absence from the job market; (11) the probable
duration of the need of the spouse seeking maintenance; (12) any
custodial and child support responsibilities; (13) the educational
level of each spouse at the time of the marriage and at the time
the divorce is filed for; (14) any mutual agreement between the
spouses; and (15) any other relevant factor. The court may combine
maintenance and child support payments into a single "family support"
payment. The maintenance payments may be required to be paid through
the clerk of the court. [Wisconsin Statutes Annotated; Sections
767.26, 767.261, and 767.29]
CHILD
CUSTODY: Joint or sole child custody ("legal custody and physical
placement") may be awarded based on the best interests of the child,
and the following: (1) preference of the child; (2) the wishes of
the parents; (3) the child's adjustment to his or her home, school,
and community; (4) the mental and physical health of all individuals
involved; (5) the relationship of the child with parents, siblings,
and other significant family members; (6) any findings or recommendations
of a neutral mediator; (7) the availability of child care; (8) any
spouse or child abuse; (9) any significant drug or alcohol abuse;
(10) whether one parent is likely to unreasonably interfere with
the child's relationship with the other parent; and (11) any other
factors (except the sex and race of the parent). [Wisconsin Statutes
Annotated; Section 767.24].
CHILD SUPPORT:
Either or both parents may be ordered to pay child support and health
care expenses. The factors to be considered are: (1) the financial
resources of the child; (2) the standard of living the child would
have enjoyed if the marriage had not been dissolved; (3) the physical
and emotional conditions and educational needs of the child; (4)
the financial resources, earning capacity, needs, and obligations
of the parents; (5) the age and health of the child; (6) the desirability
of the parent having custody remaining in the home as a full-time
parent; (7) the cost of day care to the parent having custody if
that parent works outside the home, or the value of the child care
services performed by that parent; (8) the tax consequences to each
parent; (9) the award of substantial periods of physical placement
to both parents (joint custody); (10) any extraordinary travel expenses
incurred in exercising the right to periods of physical placement;
(11) the best interests of the child and (12) any other relevant
factors. There are official guidelines and percentage standards
for child support are available from the Wisconsin Department of
Health and Social Services. The court may require that child support
payments be guaranteed by an assignment of income, that the payments
be made through the clerk of the court, or that health insurance
be provided for the children. The court may also order a parent
to seek employment. The court may order spousal maintenance and
child support payments be combined into a "family support" payment.
[Wisconsin Statutes Annotated; Sections 767.10, 767.25, 767.261,
767.265, 767.27, and 767.29]
PREMARITAL
AGREEMENT: Wisconsin does not have any statutes pertaining to
premarital agreements.
Order
Your Wisconsin Divorce Package Now $99.94
Home
e-mail
us
|