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Browse our 1 legal question about Divorce & Separation in United States and the lawyer answers, or ask your own questions for free.
Divorce and separation are legal proceedings available for dissolving marital relations in Madison, United States. It involves the process of dealing with distribution of property, child custody, child and spousal support, and other related issues. Separation is a less permanent measure wherein the couple chooses to live separately but remains legally married. However, it might require judicial approval depending on its nature and timing. A legal divorce, on the other hand, results in termination of marital bonds and the creation of two single, separate entities.
Engaging a lawyer in the process of divorce and separation is essentially about protecting your rights and interests. These areas typically include property division, custody matters, child and spousal support, as well as navigating the complex legal procedures. Complicated situations such as high asset cases, domestic violence or abuse, parties living in different states, or special situations involving children need expert advice. Lawyers can also assist in mediation or collaborative divorce, helping parties reach a mutually agreeable solution.
In Madison, the local laws are governed by the Wisconsin State family law. The law mandates at least one party to be a Wisconsin resident for six months prior to filing. Wisconsin is also a 'no-fault' divorce state which means that neither party needs to prove wrongdoing to obtain a divorce. The law follows 'community property' rule, meaning all property acquired during the marriage is split equally. Child custody decisions are based around the child's best interest criterion. Alimony or maintenance provisions are also made based on specific cases.
It varies depending on the complexity of the case, but the minimum statutory waiting period is 120 days from the date of serving the divorce papers.
Wisconsin being a 'no-fault' state, one party's desire to terminate the marriage is enough for a court to grant a divorce.
The court determines child custody based on the best interest of the child, looking at factors such as child's wishes, parent-child relationship, child's adjustment to home, school, and more.
Wisconsin is a community property state. This implies that all property (and debt) acquired during the marriage is divided equally, unless there exist compelling reasons to do otherwise.
Alimony, or spousal maintenance, isn't automatically granted. It's determined by the court based on factors such as length of the marriage, each party's earning capacity, age, and physical health.
The State Bar of Wisconsin provides resources related to family law, including free legal advice. The Dane County Family Court offers services that help with mediation. Websites like the Wisconsin State Law Library can be used for legal research. Organizations like 'The Women’s Law Center of Wisconsin' and 'Legal Action of Wisconsin' can also assist with advice and representation.
First, research thoroughly to understand your situation and legal needs. Consider professional legal counsel to provide guidance. Keep all documentation ready. Engage a family law attorney if needed. Utilize available resources, take expert advice, and proceed with your course of action.
