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Wisconsin Divorce

A Wisconsin divorce attorney can help explain to you the Wisconsin divorce process. Learn more about Wisconsin divorce law and its specifics with the help of a Wisconsin divorce lawyer. If you are considering divorce, speak with a local Wisconsin divorce lawyer today to find out how the Wisconsin divorce process may affect you.

Total Divorce will connect you with a Wisconsin divorce attorney in your area. Set up a preliminary consultation today with a local Wisconsin divorce lawyer by calling 877-349-1310 or filling out a divorce case review form.

Overview of Wisconsin Divorce Law

Speak with a Wisconsin divorce attorney to get advice on how Wisconsin divorce laws may affect you and your family.

Grounds for Wisconsin Divorce: Wisconsin divorce courts accept no fault ground for divorce when there has been an irretrievable breakdown in the marriage. Both spouses must agree the marriage is irretrievably broken or have lived separate for at least one year without cohabitation.

Residency Requirements in Wisconsin: To file for Wisconsin divorce, you or your spouse must be a resident of the state for at least six months. The Wisconsin divorce petition is typically filed in the county where the filing spouse lives; you must be a resident of the county for 30 days before filing for divorce.

Wisconsin Divorce Waiting Periods: Wisconsin divorce law doesn't require a waiting period to file for divorce, but once the divorce petition has been filed, there is a 120 day waiting period. After the divorce decree is finalized, both spouses must wait 6 months before remarrying.

Property Division in Wisconsin Divorce: Wisconsin is a community property state. Without regarding marital misconduct, the Wisconsin divorce court will consider the following:

  • Length of the marriage
  • Property each spouse brought to the marriage
  • If a spouse has substantial assets which can't be divided by the court
  • Contribution of each party to marriage, allotting appropriate value for a homemaker's contribution
  • Age and health of each spouse
  • Contribution of one spouse to the other's education, training or increased earning power
  • Earning capacity of each spouse
  • Desirability to have the right to live in the family home
  • Amount and length of spousal of family support payments and whether the property division is in place of these payments
  • Economic circumstances of each spouse
  • Tax consequences for each party because of the property division
  • Written agreements before or during the marriage about property division
  • Any other factors the Wisconsin divorce court may deem relevant

Wisconsin Child Custody: When Wisconsin divorce court determines child custody on what's in the best interest of the child, it considers several factors, including:

  • Wishes of the child's parents as shown by a proposed parenting plan submitted to the court
  • Child's wishes
  • Interaction and relationship between the child and parents, siblings and other people who play a significant role
  • Amount and quality of time each parent spent with the child in the past
  • Any changes to the parents' custodial roles or lifestyle
  • Child's adjustment to home, school, religion and community
  • Child's age and his or her developmental and educational needs
  • If the mental or physical health of a party will negatively affect the child's well-being
  • Need for regularly occurring and meaningful periods of physical placement for stability of the child (not sure what that means)
  • Availability of public or private child care services
  • Ability of the parents to cooperate and communicate
  • Evidence of domestic abuse or interspousal battery
  • Each parent's ability to support the child's relationship with the other parent
  • Whether a parent has a significant problem with alcohol or drug abuse
  • Reports of appropriate professionals, if admitted into evidence
  • Other factors the divorce court may consider relevant

Wisconsin Child Support: Wisconsin divorce courts follow the percent of income model to determine child support. The model find child support as a percentage of the paying parent's income, which also takes into consideration the number of children needing support. The divorce court may consider additional factors, including:

  • Financial resources of the child
  • Standard of living the child would have enjoyed if the parents had stayed together
  • Physical, emotional and educational needs of the child
  • Financial resources, earning capacity, needs and obligations of the parents
  • Age and health of the child and the need for health insurance
  • Custodial parent's desire to stay in home as a full-time parent
  • Cost of daycare or value of childcare services by the custodial parent
  • Tax consequences of child support on each parent
  • Child visitation awards
  • Travel expenses for child visitation
  • Best interest of the child
  • Any other relevant factors

Wisconsin divorce law continues to change. Speak with a local Wisconsin divorce attorney to learn how the Wisconsin divorce process may affect the outcome you and your family. Connect with a Wisconsin divorce attorney in your area today, fill out the form below or call Total Divorce at 877-349-1310.

The above synopsis of Wisconsin divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.

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