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Wisconsin Divorce Laws and Why Hiring an Attorney is Critical to the Success of a Case
If you have considered obtaining a divorce in Wisconsin, there are a few things you should know before filing. There are certain regulations that govern the process of a dissolution of marriage, including residency requirements, property division laws and child custody regulations. At any given moment, parties may enter into arguments, leading the case to run for months or even years on end. It is important for each spouse to know that they have a right to seek legal help with a top Wisconsin divorce lawyer in order to ensure the case resolves with the best possible outcome. Additionally, it is important for each party to understand the divorce laws in the state so none of their rights are trampled on.
Below are some important facts regarding Wisconsin divorce law:
Prior to filing for divorce in Wisconsin, parties must meet the residency requirements. The law states that at least one of the spouses must have been a resident of Wisconsin for six months and of the county where the petition will be filed for 30 days immediately prior to petitioning for a divorce.
Parties must wait 120 days after the defendant is served the summons or after the filing of a joint petition for divorce in order to appear in court.
Legal Grounds for Divorce in Wisconsin
Wisconsin divorce law only requires parties cite an irretrievable breakdown of the marriage when filing for divorce. The irretrievable breakdown of the marriage may be demonstrated by either a joint petition by both spouses requesting a divorce on these grounds, if the spouses have lived separate and apart for 12 months immediately prior to filing, or if the court finds that an irretrievable breakdown of the marriage has occurred without the chance for reconciliation.
Wisconsin Property Distribution Rules
Wisconsin is considered a community property state, which means that marital property will be divided equally. However, several factors can alter a court’s decision to divide property evenly, including the length of the marriage, the earning capacity of each spouse as well as any pre-nuptial agreements that were made between the parties.
Alimony can be awarded to either spouse in Wisconsin, depending on several factors, such as the length of the marriage, earning potential of each spouse and the contribution of each spouse to the marriage.
Child Custody Arrangements
Joint or sole custody may be awarded based on the best interest of the child, taking into account the preference of the child, relationship of the child with the parent and any history of abuse.
The Difference a Skilled Wisconsin Divorce Lawyer Can Make
Without an experienced attorney working on your case, you may lose valuable assets, alimony and even custody of your children if you make a mistake in your petition or during proceedings. Hiring a top Wisconsin divorce attorney is the best way to protect your rights and have your case resolve as quickly and smoothly as possible.
Divorce lawyers in Wisconsin handle everything from paperwork to court appearances to mediation, so you will never have to worry about the nitty gritty details of your case. They are always available to answer questions and will help you and your spouse resolve any disagreements.
Call one of our featured Wisconsin divorce attorneys today to get started on your case.