FAQs Surrounding Divorce in Wisconsin

 Posted on February 25,2021 in Family Law

Divorce is a very emotional process, and it is also very confusing. Most people find the legalities of divorce too difficult to handle on their own, and you will likely have many questions throughout the process. Below are the most frequently asked questions (FAQs) surrounding divorce and the answers to them. If you are going through a divorce and have additional questions, it is important to consult an experienced divorce lawyer who can answer them.

What Are the Grounds for Divorce in Wisconsin?

People in Wisconsin can only file a no-fault divorce. Under no-fault divorce laws, one person must simply state that the marriage is irretrievably broken. This means that there is no chance the spouses will reconcile. One way to show that the marriage is irretrievably broken is for the spouses to live separate and apart from each other for 12 months. 

The spouses also do not have to agree on the divorce, so one spouse can file without the other’s consent. When filing a no-fault divorce, the spouse who files also does not have the burden to prove the other spouse was at fault for the marital breakdown.

How Long Does it Take to Get a Divorce?

Wisconsin law places a mandatory 120-day waiting period on all divorces. Still, most divorces take longer than this. The length of any divorce will depend on the complexities of the case, the willingness of the parties to work together to reach an agreement, and the backlog of the court that is overseeing the divorce.

How Is Property Divided in the State?

Wisconsin is a community property state. This means the court will assume that all property, including pension plans, the marital home, and even a business, will be divided equally in the event of divorce. There are some exceptions to this, such as gifts and inheritances.

What Is the Difference Between Physical and Legal Custody?

Physical child custody refers to the parent with whom the child will spend the majority of their time. Even when a judge awards joint physical custody to both parents, the child will still live and spend most of their time with one parent. The other parent will have visitation rights. Legal custody, on the other hand, refers to the parent that will make major decisions for the child concerning their healthcare, education, and religious upbringing. In most cases, a judge will award joint legal custody so the parents have an equal say in these decisions.

Do Children Have a Say in Child Custody?

Generally speaking, children cannot decide which parent they would rather live with after the divorce. When a child is of a certain age and maturity, the guardian ad litem may weigh the child’s preference more heavily. The Wisconsin statutes are somewhat unique from other states. The law states that when a child has a preference, the guardian ad litem is obligated to inform the family law judge of the child’s preferred choice.

Do I Need to Hire a Wisconsin Divorce Lawyer?

Divorce involves many complex legal issues, including child custody and support, property division, and alimony. It is always advised that anyone going through a divorce works with an attorney. A skilled Waukesha divorce lawyer can fully explain all the pertinent issues, including certain tax implications. If you are getting a divorce, contact the talented legal team at Bucher, Wolff & Sonderhouse, LLP. We provide free consultations 24 hours a day, seven days a week, so we can get started on your case right away. Call us today at 262-232-6699 or fill out our online form to schedule a meeting with one of our knowledgeable attorneys.

Source: http://wilawlibrary.gov/topics/familylaw/divorce.php