There are several aspects that you must consider before you file for divorce in Wisconsin. Ending a marriage is not just about breaking ties with your spouse. It is a legal process that has consequences. Of course, you should do everything that’s possible to save your marriage, but if there is no way to prevent the impending divorce, you should seek legal counsel. Consider meeting a reliable & reputed divorce lawyer Milwaukee, WI, to learn about means and ways to protect your interests. Here are some key details that need your attention.
Decide the way
Either spouse can choose to file the Petition for Divorce together, or they can do so jointly. If you file for divorce together with your spouse, it usually means that you both agree to the decision and have come to an agreement with regard to resolving key matters. If you are the one initiating the divorce, you are the Petitioner, while your spouse becomes the Respondent. You must serve the papers to your spouse through various approved means available. They are expected to respond within 20 days from the date of getting the papers.
Understanding the division of assets & debts
Wisconsin is a community property state. This means that the marital properties owned by the couple would be divided between them equally. Properties, including real estate and automobiles, are divided only after considering debts associated with each. Other things owned by the couple, including retirement plans, stocks, savings, and insurance policies, must be considered. All essential aspects must be addressed before the divorce.
About child custody
When it comes to child custody and child support, the separating parents can take a call, but if there is no agreement on these aspects, the court will decide. The decision will depend on several factors, including the child’s needs and whether a parent has a history of domestic violence or drug abuse. The court will always keep the best interests of the child in mind. Depending on the situation, one parent may choose to request a temporary hearing, which will remain in place until the divorce is finalized.
Waiting period in Wisconsin
You have to wait for at least 120 days to get a divorce in Wisconsin, and this is the mandatory waiting period, and the court will approve a “Marital Separation Agreement” on the date of the final hearing.
Want to know more about Wisconsin divorce laws? Speak with a lawyer today.