Wisconsin Divorce Tips
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If you are emotionally ready to get divorced from your partner then you should prepare yourself for the harsh realities that you are going to face shorty. Legal rules and formalities are sure to confuse you. So it is better to have a beforehand idea of what might happen in the court during the process and in your life post-divorce. Wisconsin divorce tips prepare you for all these. These suggestions relate to information that might prove essential to you.
Some General Wisconsin Divorce Guidelines:
Wisconsin like other states of the US has laid down divorce laws regarding property division, residency filing requirements, grounds for divorce, etc.
- Residency requirement: In order to file for a divorce, one of the partners must have been living in the state for six months, and in one county for one month, before filing for divorce in that particular county.
- Property division: If the separating couple are unable to make decisions about property, then the court will divide the property equitably. Equitable distribution means that all debts and property will be divided justly as the court deems; it is not necessary that the property will be divided on a 50/50 basis.
- Spousal support: If one party desires spousal support from the other, then this should be mentioned in the divorce petition. The need, amount and duration of the spousal support depends on factors like the duration of the marriage, the age, physical and mental health of the spouses, the property division, the ability of spouses to earn, their lifestyle and many more.
Some useful Wisconsin Divorce Tips
- Assume that a couple to whom the judgment of divorce has been awarded intermarries after the divorce. Then, the court revokes all judgments if the couple makes a joint application and there is satisfactory evidence of the marriage.
- When the court grants a judgment of divorce, it has the authority to modify or depart from the judgment when enough reason is shown. This action takes place on application by both the parties or the court's own motion within 6 months from the date on which the judgment has been granted.
- When a judgment is being filed for a divorce, the lawyer of the moving party should forward, in addition to the original judgment, two true copies of this judgment to the court clerk. The clerk accepts to file the judgment only when all the 3 copies have been submitted to him or her. After filing of the judgment, the clerk mails one copy each to the divorcing parties. The last known address of the parties is referred to while the dispatch is made. The court record has a mention of this mailing.
- It is observed that in several cases, the court orders maintenance payments or other allowances to one party or children. Alternatively, the court retains jurisdiction regarding these issues. In such cases, the written judgment comprises of the following provision:
If the court order is disobeyed, the individual would be punished under Ch. 785. Accordingly, the individual might be sent to the county jail or house of correction. The duration of this punishment ends when the individual complies with the judgment and all expenses of the proceedings are disbursed or as per law the individual is discharged.
- Sometimes the parents are awarded substantially identical durations of physical custody of the child and joint legal custody. In such circumstances, either parent is free to file a motion or petition for alteration of the physical placement order or legal custody. If the court detects all the following results, then it may alter the custody order:
- The modification of the order ensures the best interests of the child
- Due to the circumstances, it is impractical for the divorced partners to carry on with identical durations of physical placement
- Consider that the court has awarded durations of physical placement to more than one parent. Further, the court orders the parent, having legal custody and physical placement rights of the child, to submit a written notice to the other parent within 60 days of the following occurrence:
- Removal of the child from Wisconsin for more than 90 continuous days
- Establishment of residence with the child anywhere within this state and at a distance of 150 miles or more from the other parent
- Establishment of residence with the child outside this state
A copy of this written notice must also be sent to the court.
- At any moment, the court might reach a conclusion that the physical placement rights that have been awarded to a parent endanger the emotional, mental and/or physical health of the child. Then, the court on its own motion or motion to show cause by the other party, might deny the physical placement rights of the partner
You should know these basic Wisconsin divorce tips; so that, you can file for the case after meeting the requirements. Try to take note of the significant aspects relevant in your case and devise your legal strategies accordingly.