Wisconsin Divorce Lawyers

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When any marriage ends, it affects the couple as well as their close family members. Even though divorce may be an emotionally draining process still the divorcing person has to get through the tedious legal divorce process. It is quite difficult to handle all the legal process by self. Hence, one needs the help of a divorce lawyer to get appropriate guidance at every step of this process. It is very important to find a good divorce attorney, who can get into the details of the case and provide apt service. The Wisconsin divorce lawyers need to find out the important factors that would benefit as well as adversely affect their client's case and accordingly provide apt assistance.

Residency requirements followed by Wisconsin divorce lawyers

A divorce can be filed in the state of Wisconsin when -

  • One or both spouses have resided in the state for 6 or more months
  • One or both spouses have stayed in the county, where the divorce is filed for minimum 30 days prior to the filing

In case the respondent is not a resident of this state on the date the petition was filed, the court may have a jurisdiction if the respondent was in the past a resident of this state. However, if the respondent was never a resident of this state, then the petitioner should discuss with the lawyer regarding the power of the court to settle matters regarding the maintenance, support, and property.

Assumptions as per law followed by Wisconsin divorce lawyers

As per the law in the state, it is assumed that all debts are due to marriage and consequently they must be equally repaid by both the spouses. Thus, if the spouse generates a huge credit card debt then the other partner gets half of this debt.

Another assumption is that all the assets are marital property as they are attained in course of the marriage. However, under certain circumstances the court classifies the assets. When the asset was used extensively by both spouses or placed in an account held by both partners, it is regarded as "marital property". On the other hand, if one spouse has maintained the asset apart and separate from the other partner, then it is considered as "separate property".

If the inheritances are kept apart and separate from the marital assets, they are an exception to the above assumptions. Sometimes it happens that revenue can be earned from an inheritance and this revenue becomes a part of marital assets. In this case, the entire inherited asset is reclassified. Still further, there is room to argue that only the proceeds of the inheritance should be reclassified.

As per the law, all stocks, investments, savings, and retirement plans are assets of the marriage. The law in this state assumes that all assets belong equally to the spouses. Depending upon their future and current values, they are divided between the partners.

Types of mediation

There are two types of mediation -

  • Voluntary mediation
  • Court ordered mediation

In the first type of mediation, the partners are assisted to resolve their disputes through an impartial third party called as the mediator. The function of the mediator is to make communication easy between the partners, offer legal guidance and enable the partners to concentrate on the issues. The mediation process is complete, when the partners form an agreement and this is set in written form by the mediator.

In the second type of mediation, when the partners cannot finalize the issue of custody, then the court issues an order to take part in mediation. In this process, the divorcing partners collaborate with a psychologist or trained social worker to create an agreement. It may happen that still an agreement cannot be reached. Then, the court orders custody in the best interest of the children.

The grounds of divorce handled by Wisconsin divorce lawyers

The only acceptable divorce ground in this state is irretrievable breakdown of the couple's marriage. The couple can prove this by the following ways -

  • By living apart and separate for duration of at least twelve months prior to the filing of papers
  • By filing a joint petition request divorce on the irretrievable breakdown of marriage
  • Proving the court that the marriage has been irretrievable broken and there are chances of reconciliation

A person looking forward to get divorced in Wisconsin, first needs to meet several Wisconsin divorce lawyers, then finalize the best lawyer to represent him or her. One needs to understand that there should be proper communication and understanding between the attorney and the client.

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