  |
      
|
|
 What are the grounds for divorce in Wisconsin? To receive a divorce in Wisconsin, the marriage must be irretrievably broken. This means there is no chance for reconciliation. A judge will usually find a marriage irretrievably broken even if only one of the spouses wants a divorce. How long must you live in Wisconsin before you can file for divorce? Before you can file for divorce, one spouse must have been a resident of Wisconsin for at least six months and either spouse must have been a resident of the county where the action is started for at least 30 days. How long does it take to get a divorce? Though the court can make exception for certain emergencies, there usually has to be at least four months between the serving of the initial papers and the final hearing. but most divorces take more than four months, depending on the ability of you and yur spouse to agree on property division, support and other issues, plus the amount of other business before the trial court all affect how long the action takes. A divorce isn't effective untill the final hearing. Once the divorce is finalized, both parties must wait at least six months before remarrying. What is joint legal custody? Joint custody means that both parties maintain parental control and have the right to participate in decisions regarding medical care, religious training, choice of schools the child(ren) will attend, and so forth. Joint custody does not necessarily mean equal physical placement. How does the court decide who gets custody and physical placement of a child? Often a husband and wife agree on custody and placement. If not, the judge determines custody and placement in light of the "best interest" of the child(ren). In making this decision, the judge considers testemony and other evidence presented in a trial. Mediation is one of the family court's counselling services that is intended to help you settle issues of child custody, physical placement or visitation. Mediation attempts to help you resolve such issues faster and at less cost. What is a guardian ad litem? A guardian ad litem is an attorney appointed to represent the best interest of the child(ren) whenever the courts are asked to make decisions that involve them. The guardian ad litem may fully participate in any hearing before the court and may make recommendations regarding custody, visitation and child support. His or her sole interest is to do "what is best for the child(ren)" and to represent those interest to the court and the parents. The judge or a family court commissioner may issue temporary orders that protect your rights. For example, temporary orders may cover:
How does the court decide the issue of child support? Child support is usually set by applying percentage standards to the gross income of the parent without primary placement: 17 percent for one child; 25 percent for two children; 29 percent for three children; 31 percent for four children; and 34 percent for five or more children. However, the court does not have to apply these standards if it determines they would be unfair in a particular case. If physical placement of the child or children is substantially equal, or if a payer has an existing obligation to pay support due to a prior divorce or paternity judgment, child support can be reduced. Also, if the court believes that the payer is "shirking" his or her obligation, the court can base the child support order on the payer's earning capacity rather than the payer's actual earnings. Violation of physical placement (visitation) rights by the parent with custody does not allow the noncustodial parent to stop child support payments. What is maintenance? Maintenance, formerly called alimony, is payment of money from one spouse to the other during or after a divorce. How does the court divide the property of the parties? Most of a couple's property, including assets such as pension plans, is subject to division. The only exception is property received either as a gift from a third party or an inheritance. Even gifts and bequests may be divided in some circumstances. If the couple can't agree on how to divide the property, the court will usually divide equally the total of the divisible property; however, an equal division can be altered based on specific considerations of that marriage. Disclaimer: This summary offers basic legal information only and does not offer legal advice. If you have legal problems, please seek legal advise; only an attorney can advise you on how the law applies to the specific facts of your situation and in your location. Top |
 76 South Macy Street, Fond du Lac, Wisconsin 54935-4131 920-922-6800 Fax: 920-922-6819  |