Wisconsin Divorce Questions

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The people, who are thinking about ending their marriage, would need information about procedures in the state where they plan to file a divorce. The Wisconsin divorce questions and answers to these questions will help you to easily understand the difficult legal terms and legal procedures followed in this state.

Wisconsin divorce questions and their answers are mentioned below:

Q. Discuss the issue of child support?

A. The court orders either one or both parents to disburse an amount that is sufficient to support a child of the marriage. The state has established guidelines that are referred to while deciding the right amount of support. The court takes into account the following factors while concluding whether it is essential to deviate from the guidelines.

• The mental and physical health of the child
• The education and age of the child
• The standard of life the child would have experienced if the martial status would not have ended in a divorce
• The economical requirements of every partner
• The economical resources of the partners
• The financial resources of the child
• Other relevant factors

Q. Consider that the parents cannot reach a consensus about visitation and child custody. Then, how does the court resolve this issue?

A. The court intends to provide the best interests of the child while making a decision regarding the above mentioned two issues. This state follows a presumption that Joint Custody is in the best interests of the child. The court considers the following factors while determining the child custody solution.

• Is there a possibility that one parent unreasonably interferes with the relation of the child with the other parent
• The adjustment of the child in community, in school and at home
• The interaction of the child with the siblings and the parents
• The desires of the parents
• The desires of the child
• Any other issue accepted as relevant by the court

Q. How does marital property distribution take place?

A. In any divorce case, the separate property of each divorcing partner is set aside by the court. Then, the court considers the marital property and divides it in an equal manner. Some factors taken into account by the court in this equal division are as follows.

• The standard of life experienced in the marital life
• The amount and sources of income of every party
• The health and age of the partners
• The span of marital life
• The value of the separate property of each partner
• The input of each partner towards the attainment of marital property
• Other relevant factors

Q. What factors are pondered upon by the court while finalizing the amount of maintenance?

A.

• Age of the partner
• Living standards
• Earning capacity
• The span of marital life
• Any other factor found relevant by the court

Q. Consider a situation in which one divorcing partner does not know the location of the other spouse. How can this partner proceed to get a dissolution of marriage?

A. The divorcing partner, who does not know the location, has to publish an advertisement in the newspaper, while filing for a separation in this state. Then this divorcing partner has to submit evidence of the efforts made by him or her in tracing the spouse. In this way, it is possible to claim a divorce.

Q. Under what grounds can one file for divorce in Wisconsin?

A. The only acceptable ground for separation in this state is irretrievable breakdown of marriage. You do not need to specify any particular reason as your grounds for separation, only irretrievable difference would be considered by the court as the legal reason for to end for marriage.

Q. In Wisconsin is it possible to get temporary support during the period when the divorce is going on?

A. One can get child and spousal support or both, if they make a written request to the court. The lawyer can help you get the paperwork done for temporary support.

Q. Explain the division of retirement assets?

A. The court will consider the number of years when the retirement plan has been effective in the course of marriage of the divorcing partners and calculate the division of retirement assets.

What are the factors considered while calculating alimony or spousal support?

A. The factors that would be considered while calculating alimony or spousal support are as follows:

• How long the divorcing partners have been married
• The spouses earning capacity
• Does the spouse have the responsibility of staying at home and nursing the children
• Spouses contribution to the marriage (financial and other contributions)
• Spouses education, health, and age
• Will the spouse be able to support themselves
• The separate assets of each divorcing partner
• Other factors that the court considers as appropriate while making decision

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