Best Divorce & Separation Lawyers in Wisconsin

About Divorce & Separation Law in Wisconsin, United States

Divorce and separation law in Wisconsin deals with the legal process involved when a married couple decides to part ways. In Wisconsin, this process can involve divorce, legal separation, annulment, or the dissolution of domestic partnerships. Wisconsin is a "no-fault" divorce state, meaning neither spouse is required to prove wrongdoing for the court to grant a divorce. Instead, the marriage simply needs to be "irretrievably broken." Legal separation is another option, allowing couples to remain legally married but live separately and deal with issues such as support and property division. Understanding your rights and the available legal pathways is crucial when navigating these life-changing events.

Why You May Need a Lawyer

Many people benefit from hiring a lawyer when going through divorce or separation in Wisconsin. Lawyers provide crucial guidance, especially in situations involving complex property, debts, spousal support, child custody, or contentious relationships. If your spouse has hired an attorney, you will want legal counsel to ensure you are not at a disadvantage. A lawyer can also help ensure that any agreement you reach complies with state law and addresses your financial and parental rights. Additionally, legal professionals are valuable if there is a history of domestic violence, hidden assets, or if one party is not cooperating with the process. A lawyer will advocate for your best interests and help prevent costly mistakes during what can be an emotionally charged time.

Local Laws Overview

Wisconsin has specific laws governing divorce and separation:

• Wisconsin is a "no-fault" state. The only ground required for divorce is that the marriage is "irretrievably broken."
• The state follows "community property" rules. Generally, assets and debts acquired during the marriage are divided equally between spouses.
• There is a mandatory 120-day waiting period after filing for divorce before a court will finalize the process.
• Child custody is determined based on the best interests of the child, considering factors such as each parent's wishes, the child's wishes, and the child's relationship with both parents.
• Both legal custody (decision-making authority) and physical placement (where the child lives) are addressed by the court if parents cannot agree.
• Spousal maintenance (alimony) may be ordered depending on the length of the marriage, each spouse's earning capacity, and other relevant factors.
• Mediation may be required if there are disputes about custody or placement.
• Legal separation provides similar relief to divorce but does not end the marriage. Couples remain legally married but can obtain orders for property division, support, and custody.

Frequently Asked Questions

What is required to file for divorce in Wisconsin?

At least one spouse must have resided in Wisconsin for six months and in the county of filing for at least 30 days before submitting the divorce papers to the court.

How long does it take to get a divorce in Wisconsin?

There is a mandatory 120-day waiting period from the time divorce paperwork is served before the court can finalize a divorce. The entire process may take longer if there are contested issues.

What is the difference between legal separation and divorce?

Legal separation allows a couple to live separately and make arrangements for property, finances, and children, but the marriage is not legally ended. Divorce permanently dissolves the marriage.

How is property divided in a Wisconsin divorce?

The general rule is equal division of marital property and debts, although the court can order a different distribution if equal division would be unfair to one party.

How is child custody decided?

Custody decisions are based on what is in the child’s best interests. Courts look at factors like each parent's relationship with the child, ability to care for the child, and any health or safety concerns.

Do I need to prove fault to get divorced?

No. Wisconsin is a no-fault state, so you are not required to prove misconduct such as adultery or abandonment to get a divorce.

Can a spouse refuse a divorce in Wisconsin?

No. If one spouse wants a divorce and meets the residency requirements, they can proceed even if the other spouse does not agree.

How is child support determined?

Child support is calculated based on state guidelines, which consider the incomes of both parents, the number of children involved, and custody arrangements.

What if my spouse and I agree on everything?

If you both agree on all terms, you may be able to file for an uncontested divorce, which can speed up the process and reduce costs. The agreement must still be approved by the court.

Can I change my name during the divorce?

Yes. You can request a name change as part of the divorce proceedings, typically returning to your maiden or a previous surname.

Additional Resources

Several resources and organizations can assist individuals going through divorce or separation in Wisconsin:

• Wisconsin Court System - Self-Help resources for family law matters
• Wisconsin State Bar - Lawyer referral service
• Wisconsin Department of Children and Families - Information on child support and custody
• Local county Clerk of Courts - Guidance on marriage dissolution filing requirements and forms
• Legal Action of Wisconsin - Legal aid services for those who qualify
• Family law clinics and mediation services, often available through county or nonprofit organizations

Next Steps

If you are facing divorce or separation, your first step should be to collect financial documents, identify your goals and priorities, and consider the impact on children or shared property. Schedule a consultation with a qualified Wisconsin family law attorney to discuss your options and rights. Even if your situation seems straightforward, professional legal advice ensures you comply with all local laws and procedures. You may also reach out to local legal aid or self-help centers if you need assistance finding a lawyer or managing costs. Taking these steps early can help you protect your interests and make informed decisions throughout the legal process.