Milwaukee, WI- Is your marriage not working out? Are you thinking about getting a divorce, but are confused about the process? Don’t worry, you aren’t alone, plenty of Wisconsin residents wouldn’t know where to start with their divorce. That is why the divorce lawyers at USAttorneys wanted to discuss some of the basics of filing for divorce in Wisconsin.
In Wisconsin, there is only no-fault divorce, so you only have to show that your marriage is irretrievably broken to get a divorce. A husband or wife are not required to demonstrate any wrongdoing on behalf of their estranged spouse to file for dissolution, which simplifies the process.
Before you can file for divorce in Wisconsin, at least one spouse must live in the state for six months minimum. Also, you must be a resident of Milwaukee County for at least three months before you file your petition. Once you file for divorce, a court will wait 120 days before granting your divorce.
When you file for divorce, you must state how the marital assets should be divided, if you are seeking child or spousal support, and what type of custody arrangement you are seeking. If you and your estranged spouse cannot come to an agreement on these issues, the state’s divorce court will make the decision for a couple.
If you and your ex -husband or ex-wife cannot agree on a child custody arrangement, Wisconsin will decide an arrangement based on what is in the best interest of a couple’s child or children. Since child custody is such a sensitive issue, a couple should turn to a child custody lawyer in Milwaukee to help them smooth over their disagreements and come up with a suitable agreement.
As to asset division, Wisconsin is an equitable division state which means assets will be divided according to several different factors such as the duration of a couple’s marriage, the value of their asset and their debts, to name a few. Equitable doesn’t mean that a couple’s assets will be split evenly, it just means assets are divided to reflect a spouse’s contribution to the marriage.
Wisconsin does allow one spouse to seek spousal support or child support if one spouse earns significantly and they need additional income to maintain their standard of living. Spousal support is common if one spouse is a stay-at-home parent and has no career. An attorney will work hard to ensure that you get whatever spousal support you need to keep from facing financial ruin.
Those are just a few of the basics you may find helpful if you plan on divorcing your spouse. At USAttorneys, we recommend you speak with a divorce lawyer in Wisconsin and talk about your case. They can explain the process and guide you through each stage, so you don’t have to worry making any mistakes or harming your case.