Wisconsin Divorce Laws

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A divorce is a procedure governed by the laws in any state. These state laws that operate a divorce case are known as the divorce laws. The Wisconsin divorce laws comprise of rules and regulations of filing of divorce, residency requirements and further issues like alimony, property division. The details and other legal provisions related to these issues are given below.

Wisconsin Divorce Laws regarding Alimony

Alimony is a monitory support given to the other spouse to meet his/her daily needs. The alimony is requested by a partner who is not capable to meet their daily needs because of financial problems after divorce. The Court does not take into account any marital misconduct while awarding alimony. However, it pays attention to the following issues -

• The input of one partner to the increasing earning ability, training and education of the other partner
• Presence of any mutual agreements amongst the partners prior to or during marital life. Also a situation where one partner has made some kind of service or fiscal inputs to the other with an expectation of some compensation or reciprocation in the future.
• The effects of tax on each partner
• The practical capacity of the partner requesting for alimony to become self-supporting at a standard of living that is reasonably comparable to the one established during marriage. Also, the duration essential to accomplish this intention.
• Characteristics of the partner requesting for alimony, like -
  • Earning capacity
  • Custodial responsibilities of children
  • Duration of absence from job market
  • Work experience
  • Employment skills
  • Training
  • Educational background
  • Expenditure essential to accomplish enough training and education to seek apt job
• The educational level of the partner when the marriage took place and when the action of divorce began.
• The distribution of property
• The emotional state, physical condition and ages of the partners
• The duration of marital life
• Other issues considered relevant by the court

If the partner found out that an ex-spouse receiving alimony is married again or in relationship with other person, the spousal support can be stopped by the court order. Such canceled support would be continued if that marriage ends in a divorce.

Wisconsin Divorce Laws regarding Property Distribution

Property distribution is the important part of a divorce procedure. If the partners fail to decide the property division by a mutual discussion, then the matter is solved by the court. While dividing the property between partners, only marital property is taken into consideration. Marital property is defined as all the property of the partners with the exception of property that is -

• Attained by inheritance by either partner
• Attained as a gift by either partner
• Property paid for by funds attained by gift or inheritance

This state believes in equal distribution of property as it is a community property state. The Court may deviate from equal separation on the basis of the following factors -

• Any marital or premarital settlement agreements.
• The effects on tax of both partners.
• Pension benefits or vested future interests of both partners
• The duration and amount of alimony payments to either partner, presence of any family support payments and if the property distribution is a substitute of such payments.
• The wish to sanction the family residence along with the right to reside in it for a reasonable period to the partner who has custody of children and deprived of finance.
• The attributes of each partner, like -
  • Custodial responsibilities of children
  • Length of absence from job market
  • Work experience
  • Employment skills
  • Training
  • Educational background
  • Earning capacity
  • Duration and expenditure essential to attain enough education or training to become self-supporting to enjoy a standard of living that was established during marital life.
• The input by one partner to the raised earning capacity, training, education of the other partner.
• The emotional state, physical health and age of the partners.
• The input of each partner in the marital status, offering apt economic value to the input of each partner in child care and homemaking services.
• The property brought to the marriage by either partner.
• The duration of marriage
• Other relevant issues

Residency Requirements according to Wisconsin Divorce Laws

The Wisconsin divorce laws mention the residency conditions which are to be followed by every applicant filing for a divorce. A person has to a resident of any of the counties in Wisconsin for at least six months. The county court requires residency of at least one month before filing a divorce case in county court.

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