Divorce in Wisconsin is stressful for everyone in the family, especially the children. The Wisconsin courts encourage the parties to resolve their marital issues themselves by mutual agreement or by using mediation or arbitration methods. If the parties are unable to resolve marital issues such as child support, child custody, spousal support and property distribution, the courts will decide the issues for the parties. When children are involved, the courts look at what is in the best interests of each child when making determinations.
Who can file for divorce in Wisconsin?
Under Wisconsin Statutes 767.05 and 767.083, one spouse must be a residence of the State of Wisconsin for a period of six months and a resident of the county where the divorce action is filed for at least 30 days prior to filing for divorce in Wisconsin.
Must we be separated first?
The parties do not have to be separated and living apart in order to file for divorce in Wisconsin. One party may state under oath that the marriage is irretrievably broken. The court will listen to the testimony of the parties with regard to the circumstances which caused the divorce filing.
How much does it cost?
Most couples hire their own Wisconsin attorney when they are getting a divorce. Divorce costs vary depending on the complexity of the divorce and the amount of discovery and other work your attorney needs to do to help you resolve child custody, child support, spousal support, discovery of hidden assets, disposition of marital property and other issues that may arise. Besides attorney’s fees, there are minimal court costs. Each county has their own fee schedules. To find out about county fees, you can contact the county where you are filing directly by telephone or check online. Your attorney will provide you with information regarding attorney’s fees and court costs at your initial consultation.
The attorney may ask for a retainer. If you cannot afford to hire a Wisconsin divorce attorney, there are legal aid clinics and lower costs attorney/paralegal services that you can use. You can find them online, by contacting the State Bar referral service or contacting the court for referrals.
How long will it take?
Wisconsin divorce laws require a 120 day waiting period after the initial divorce petition is filed before they will grant a hearing on the dissolution and any property distribution or child support or custody issues. However, one party may file for temporary child or spousal support or custody for a restraining order against the other party if necessary. The length of the divorce proceeding depends on how quickly the parties can resolve marital issues. Some divorces can drag on for months or even years.
Do I need grounds for divorce in Wisconsin?
The grounds for divorce in Wisconsin are irretrievable breakdown of the marriage.
Is it better if I have grounds for divorce?
It is not necessary to have specific grounds for divorce. Wisconsin laws recognize the irretrievable breakdown of the marriage as the legal reason for divorce. One or both parties just need to state under oath and affirm that there has been an irretrievable breakdown of the marriage. If both parties sign and affirm the oath, then the court will make a finding that the marriage has suffered an irretrievable breakdown. If only one party attests to the irretrievable breakdown, the court will hear the testimony and make their decision to confirm the irretrievable breakdown grounds.
What are they?
No matter what the grounds are for your Wisconsin divorce, the court only recognizes the irretrievable breakdown of the marriage as the legal grounds for divorce.
Can I get temporary support during the divorce?
You may apply for temporary spousal and child support if you need one or both by making a written request for a hearing to the court. Your attorney can handle the paperwork for you.
How is marital property handled in divorce in Wisconsin?
Wisconsin is a community property state. All assets and debts acquired and accumulated by the parties during the marriage are considered marital community property and are divided 50/50 by the court. The court has the jurisdiction to alter this depending on whether or not there has been marital misconduct. They will look at determining factors such as:
- The length of the marriage
- Education of each party
- What property the parties brought or contributed to the marriage
- The earning capacity of the parties
- The health of the parties
- The age of the parties
- Written agreements between the parties prior or after the marriage
- Tax consequences
The parties may also decide to distribute the property in a different manner as long as they both agree in writing to the distribution.
How are retirement assets divided?
The court will look at the number of years the retirement plan has been in effect during the marriage and divide the amounts equally according to Wisconsin community property laws. If the retirement earnings are $100,000, each spouse will get $50,000.
What are the child support guidelines in Wisconsin?
Wisconsin child support guidelines use a percentage of income formula which calculates the amount of child support based upon a percentage of income of the non-custodial parent responsible for paying the support on a per child basis depending on the number of children. The tables are calculated based on one to five or more children. There are special tables for a parent that earns less than $1,350 per month. For instance, a parent that earns $1,350 will pay $230 a month for one child, $338 a month for two children, $392 a month for three children, $419 a month for four children and $459 per month for five or more children. A parent that earns $2,000 a month pays $340 a month for one child, $500 per month for two children, $580 a month for three children, $620 a month for four children and $680 a month for five or more children.
What about spousal support or alimony?
Spousal support or alimony may be awarded for a short term, temporary basis or in a lump sum amount. The party requesting the support must request it in writing. At the divorce hearing, the court looks at such factors as the length of the marriage, the earning capacity of the spouse, whether the spouse needs to stay home and take care of the children, the spouses financial or other contributions to the marriage, age, health and education of the spouse, separate assets of the spouse, whether the spouse has the ability to become self-supporting and other factors the court deems proper in making their decision. If the party needs the support or alimony immediately, they may ask the court for a hearing for temporary support.
Can we reach a marital settlement agreement out of court?
You and your spouse can agree to marital settlement issues outside of court. In fact, the court prefers that the parties do so in order to free up the court calendar for other matters. In that instance, it is customary for the party’s attorneys to prepare an agreement which must be signed and approved by the parties and presented to the court so that the court may enter the settlement agreement in the divorce decree and final judgment of divorce.
What happens if we can't agree on settlement terms?
Many times, the parties are unable to talk to each other and cannot agree on marital settlement issues. They frequently turn to the Wisconsin courts for assistance. The court will hear the testimony of both parties and make a decision.
Other Considerations
Wisconsin divorce issues are complicated. It is recommended that you seek legal advice and representation from a Wisconsin divorce attorney who will make sure your interests are protected. The attorney is knowledgeable about Wisconsin family law and divorce laws and can explain them to you. The attorney can assist with negotiations to help you resolve your marital property distribution issues as well as custody and support issues.
