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Bucher Law Group, LLC
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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.

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Waukesha County property division attorney

Getting a divorce can be stressful for many reasons, but one of the leading causes of this anxiety can be the financial side of things. While many spouses may experience financial difficulties during their marriage, these issues can also follow a person during and after their divorce. When you file for divorce, you must separate yourself entirely from your spouse. This can sometimes prove to be difficult, especially because many married couples have joint bank accounts, assets, credit cards, and other debts. Wisconsin is a community property state, meaning all assets, income, and debt are considered the property of both spouses and must be divided between them during a divorce.

Determining Property to Be Divided

If you and your spouse each acquired certain property before your marriage, that property will be considered separate, non-marital property that is not subject to division during divorce. Any assets or debts acquired during your marriage are considered marital property under Wisconsin law. All marital property, including assets you own and debts you owe, is subject to division between the two of you. However, there are a few exceptions to that rule. Wisconsin law states that any property acquired as a gift from another person or through the death of another person remains the property of the specified spouse, no matter when the property was acquired.

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