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Waukesha County divorce attorney property division

The joining of two lives through marriage also involves the joining of the spouses’ finances. Determining how to divide marital property is often one of the key issues in a Wisconsin divorce. Disputes about property division during divorce can escalate and become contentious and complex. If you are considering divorce, it is important to know how property division is handled according to Wisconsin law.

Wisconsin Family Courts Follow “Community Property” Laws

Each state handles property division during divorce slightly differently. Wisconsin is a community property state. Property and funds accumulated during the marriage are owned by the “marital estate” and are subject to division during divorce. Spouses have an equal right to marital property in a community property state. Even if only one spouse’s name is on the title to an asset, both spouses have an equal right to that asset. It is also crucial to remember that the word “property” in this context refers to assets as well as debts.

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Waukesha County family law attorney child support

As any parent can tell you, raising a child is expensive. Between housing, educational and extracurricular fees, groceries, and other expenses, child-related costs can constitute a large share of a parent’s monthly bills. When married parents divorce or unmarried parents have a child together, one parent is typically ordered to make child support payments to the other. In Wisconsin, the amount of financial support a parent provides via child support is determined by several different factors.

Wisconsin Child Support Laws

Generally, the parent who spends more time directly caring for the child is the recipient of child support and the other parent is the payer. The amount of child support that a parent pays is typically determined by statutory formulas. In Wisconsin, a parent’s child support obligation is determined by multiplying his or her income by a certain percentage:

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Milwaukee County divorce attorney spousal maintenance

Divorce can have a profound impact on a person’s finances. This is especially true if the person was heavily dependent on his or her spouse’s income. Alimony, also called spousal maintenance or spousal support, is financial aid paid by one spouse to another spouse after the couple divorces. Maintenance is typically awarded to a spouse who has sacrificed education, job training, or employment opportunities to maintain the marital home and/or raise the couple’s children. If you are planning to divorce in Wisconsin and you have a lower income than your spouse, it is possible that you may be entitled to spousal maintenance.

Spousal Maintenance in Wisconsin

Some people assume that spousal maintenance or alimony is automatically awarded by the court during divorce, but this is not the case. There are three main ways that a spouse may receive alimony in Wisconsin:

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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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Milwaukee County divorce lawyer

Getting a divorce may be one of the most difficult decisions you have to make in your life, and along with it often comes a sense of dread regarding the legal process you will have to go through. There are many issues to consider and resolve, including how you and your spouse will divide your property, assets, and debts. If you have children together, you will need to determine parental responsibilities and parenting time. A divorce may never truly be without its complications, but it is possible to make it somewhat easier using some of the strategies provided below.

Tips for a Less Stressful Divorce in Wisconsin

You may be able to manage your divorce more effectively if you have a clear idea of what you need, how to achieve it, and who can best help you throughout the process. Here are some tips to consider:

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