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Bucher Law Group, LLC

Frequently Asked Questions About Divorce in Wisconsin

Posted on in Divorce/Family Law

Walworth County divorce lawyer

Deciding to end a marriage is never easy. Divorcing couples not only deal with the personal implications of divorce, but they must also contend with the financial and legal consequences of ending their marriage. If you are considering divorce in Wisconsin, you may have many questions about what to expect. You may be unsure of how issues such as property division, alimony, and child custody are handled in Wisconsin. Ending a marriage is often a complicated legal process, especially if the couple owns complex assets, has a high net worth, or shares children. An experienced divorce attorney can answer your questions and help you navigate the legal proceedings. 

How Do I File for Divorce?

If you are ready to begin the divorce process, your first step is to file a Summons and Petition for Divorce with the court. The person who initially files for divorce is the petitioner and the other spouse is the respondent. The petitioner must ensure that the respondent is served with the summons and petition, either by serving the respondent the papers himself or herself, asking a friend or relative to serve the divorce papers, or serving the divorce papers via a process server or police officer. The respondent must file a Response and Counterclaim with the court within 20 days.

Who Gets Custody of Children in a Wisconsin Divorce?

You and your spouse have the option of working out your own child custody agreement. Many couples negotiate a child custody arrangement with help from their respective divorce attorneys. If you are not able to reach an agreement, the court will determine a custody arrangement for you, keeping the children’s best interests in mind. Legal custody refers to a parent’s decision-making authority and physical custody refers to where the children live. Wisconsin divorces can take several months to several years to complete. During this time, you may be subject to a temporary child custody order.

How Is Property Divided?

Wisconsin divorce cases are subject to a legal doctrine called “community property.” According to Wisconsin law, marital property and debt, meaning property and debt held by the marital estate, is divided equally between the spouses. However, spouses may negotiate their own property and debt division arrangement with help from their attorneys. Dividing complex assets such as retirement accounts, investments, businesses, and other hard-to-value assets may require input from an accountant or other financial expert.

Contact a Walworth County Divorce Lawyer

If you are thinking about getting divorced in Wisconsin, a Milwaukee County divorce attorney from Bucher Law Group, LLC can help. Our skilled legal team can help you resolve any divorce issues or disputes you might be facing while ensuring that your rights are protected. Call our office today at 262-303-4916 to schedule a confidential, free consultation.




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