One of the first things you'll hear from a Wisconsin divorce attorney is that Wisconsin is a "community property" state. What does this mean for marital property and asset distribution? In essence, it means that the court views all of your assets as being jointly owned and will divide property and assets equally between spouses. This is true even if only one spouse is named on a deed, title, debt, etc.
The division of marital property is a common component of a Wisconsin divorce or legal separation. In our state, it is presumed that all property and assets should be divided equally between spouses. This is true even if one spouse is not named on the deed, title, or account.
In most divorces involving minor children, the parents share legal custody and physical placement. The court does not completely prohibit a parent from having time with their children. However, if a parent is dangerous or abusive to the child, then you may want to prevent him or her from seeing the children. In those situations, there are legal ways to protect the children.
Our family law attorneys often hear the question, "How does my ex's remarriage affect child support and maintenance?" When the parent paying child support gets remarried after a divorce, the court does not consider the new spouse's income when determining support payments, nor can the court order the new spouse to contribute to child support or maintenance.
The question of when to hire a family law attorney comes up more often than you'd expect. Many people don't realize how much an attorney can help them early on in a case and wait too long to get legal representation. Others don't realize that they are able to hire a family law attorney because there is no requirement to do so in Wisconsin. However, it's a good idea to consult an attorney any time you find yourself involved in[...]
Wisconsin law does not automatically grant legal rights to unwed fathers. Unless you establish legal paternity, the mother has sole legal custody of the child. This means the father has no legal right to decide issues like where the child will live, what schools the child will attend, or what religious instruction the child will receive. Even if you have been a part of the child's life, these rights can be removed at any time unless you establish legal paternity.[...]
Child support is an obligation. If you've had children and you and your spouse are no longer together, that does not let your spouse off the hook for financially contributing to the support of the children. However, calculating child support can be tricky because of extenuating factors available for paying spouses. There are general guidelines you can use to calculate what you'd get in Wisconsin, but be aware that the court can modify this amount in certain circumstances.
If you father a child but are not married to the mother, Wisconsin law does not give you parental rights as a matter of course. The default position is that the mother of the child has sole legal custody of the child. This includes not only the right to determine where the child will live, but also the right to make decisions in his or her life: authorizing non-emergency health care, consent to marriage or military service, and even the[...]
Wisconsin requires that divorcing parents complete a parenting plan to determine custody and placement. The parenting plan can be extremely specific or rather general, based upon the needs of the parents. It details the duties and responsibilities of each parent and can prevent misunderstandings.
A parenting plan should fully address the arrangements for the children, including custody, placement, and expenses. It covers:
Days and times for placement, including summer, holidays, and other special days
Pick up and drop off arrangements
Arrangements for medical appointments
A significant percentage of all marriages end in divorce, and this disheartening fact means that many couples in Wisconsin must address the division of marital property. Wisconsin is a marital property state , which means that all marital property is generally divided equally in divorce. Our Madison, WI divorce attorneys can guide you through this difficult time, and help ensure your rights are represented.
Wis. Stat. 767.61 sets forth the statutory guidelines concerning property subject to division. Under this statute, only[...]