West Allis Divorce

West Allis WI Divorce Attorneys

We provide personalized, professional legal representation you can depend on while going through a divorce in West Allis, Wisconsin.

Divorce can be messy and emotional, especially when children are involved. You need an attorney you can trust to help the divorce process go as smoothly as possible. The West Allis divorce attorneys at MacGillis Wiemer, LLC, can provide the support that you need, whether it is negotiating the division of marital assets or protecting the best interests of your children. One of the first steps is understanding what to expect. Here are several issues that will be resolved during the divorce process:

Dividing the Marital Property

Marital property includes assets acquired during the marriage. It does not include property you acquired before the marriage or gifts given solely to you during the marriage. This includes any bequests you receive in a will.

While the presumption is that marital property should be divided equally, the court can alter that calculation by considering the following factors:

  • The length of the marriage
  • The amount of premarital property and whether the parties have substantial, nondivisible assets
  • Each party’s contribution to the marriage, including homemaking and child care
  • Each party’s age and physical and emotional health
  • Each party’s earning capacity
  • Whether one party contributed to the other’s increased earning power
  • Who is getting the family home
  • Spousal support
  • Tax consequences
  • Other economic consequences, and
  • Whether there is a prenuptial agreement.

Marital misconduct (like cheating) is not a factor in dividing assets.

Child Custody and Support

Custody arrangements can be complicated, but they will always be determined in the best interests of the child.

Any party seeking sole or joint custody must submit a parenting plan to the court explaining how the child will be cared for. For example, the parties must contemplate how they will make decisions about the child’s education and medical care, where they are going to live, where the child is going to spend holidays, and how to encourage the child’s relationship with the other parent. Keep in mind that circumstances change and that custody arrangements do not have to be permanent. You can petition the court for a modification two years after the initial agreement.

The court can also order one or both parents to pay child support. How much you are ordered to pay depends on your financial situation and earning capacity. Support orders can also be modified as financial circumstances change. But only a court can modify support orders.

Spousal Support

One party might also be ordered to pay spousal support, or maintenance. For example, if one party was a stay-at-home parent and has not been in the workforce for a while, the court might decide that he or she needs financial support. Other factors that might affect the court’s decision include the length of the marriage, each party’s health and earning capacity, and how the marital property was divided.

Let Our West Allis Divorce Attorneys Assist You

At MacGillis Wiemer, LLC, we can represent you in your divorce proceeding and assist with all relevant issues, including child custody and spousal support. Get the professional legal representation you need in your case and contact our West Allis divorce attorneys today to request a free consultation.