Menomonee Falls, WI Divorce Attorneys
Menomonee Falls WI Divorce Attorneys
We are here to help you through each step of your divorce proceedings.
Because divorce legally ends a marriage, couples who decide to dissolve their marriages are often required to grapple with a series of complicated issues, such as how marital assets will be divided, whether one spouse will be required to pay alimony, and in the event that a couple has children, how parenting time will be split. Resolving these types of issues tends to be a difficult and emotional process, even for couples who get along. Fortunately, being represented by an experienced Menomonee Falls, WI divorce attorney can help ensure that these kinds of problems are resolved in a way that best serves your family’s circumstances.
Before a couple can file for divorce in Wisconsin, one of the parties will need to prove that he or she:
- Has been a resident in the state for at least six months; and
- Has been a resident of the county, in which he or she is filing for divorce, for at least 30 days.
When these requirements are satisfied, a couple can proceed with the filing process, either together or separately. In either case, neither spouse will need to prove that the other was responsible for the end of the marriage, as Wisconsin is a no-fault divorce state. Instead, the parties will just need to acknowledge that their marriage is irretrievably broken, which means that there is no chance for reconciliation. Finally, couples are required to wait for at least 120 days before their divorce will be finalized by the court.
Property Division in Wisconsin
One of the most complicated aspects of many divorces is deciding who will retain which assets. This process is known as property division, and in Wisconsin, is dictated by the rules of equal distribution. Unlike many states, which require equitable division of all marital assets, Wisconsin presumes that all assets acquired during a marriage, which is also known as marital property, will be divided equally upon divorce. This rule does not apply to separate property, which belongs solely to one spouse and so will remain in his or her possession and includes:
- Assets acquired before the marriage took place;
- Property received as a gift during the marriage; and
- Inheritances bequeathed during the marriage.
In many cases, couples are able to come up with an out-of-court agreement on how assets will be divided. This requires the submission of a detailed description of which spouse will receive what property, as well as the value of each asset to the court. Otherwise, a judge will be required to step in and divide a couple’s assets equally on their behalf.
Other Legal Issues
Besides property division, divorcing couples may also be required to come to an agreement on issues such as:
- Spousal maintenance;
- Legal custody, which refers to major decision-making authority for a minor child;
- Physical placement, which involves actual physical custody of a child;
- Child support, which includes the division of responsibility for the costs of basic support, as well as incidental recreational costs; and
- The division of debts and liabilities.
It is also a good idea for divorcing couples to assess the tax consequences that dissolving their marriage will have on their finances.
Call Today for Legal Assistance
Please call the legal team of MacGillis Wiemer, LLC at 414-727-5150 to learn more about divorce in Wisconsin from a dedicated Menomonee Falls divorce lawyer.