Wisconsin Divorce Law    Residency Requirements for Divorce in Wisconsin
Residency Requirements for Divorce in Wisconsin
One of the spouses must have been a resident of Wisconsin for 6 months and of the county for 30 days immediately prior to filing where the divorce is filed. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition.

Legal Grounds for Divorce in Wisconsin

1. No Fault Divorce: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by:
1. a joint petition by both spouses requesting a divorce on these grounds
2. living separate and apart for 12 months immediately prior to filing; or
3. if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin.

Legal Separation in Wisconsin
Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce.

Simplified/Special Divorce Procedures in Wisconsin
The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. In all cases, a financial disclosure form must be filed. Also, if children are involved, an official child support form (which is available from the court clerk) must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner.

Divorce Mediation in Wisconsin
The court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend an educational program on the effects of divorce on children.

Divorce Property Distribution
Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of:

1. property inherited by either spouse
2. property received as a gift by either spouse; or
3. property paid for by funds acquired by inheritance or gift

The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors:

1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the value of each spouse's separate property
3. the length of the marriage
4. the age and health of the spouses
5. the occupation of the spouses
6. the amount and sources of income of the spouses
7. the vocational skills of the spouses
8. the employability and earning capacity of the spouses
9. the federal income tax consequences of the court's division of the property
10. the standard of living established during the marriage
11. the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
12. any premarital or marital settlement agreements
13. any retirement benefits
14. whether the property award is instead of or in addition to maintenance
15. any custodial provisions for the children
16. any other relevant factor

The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage.

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:

1. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. the duration of the marriage
3. the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
4. the comparative financial resources of the spouses, including their comparative earning abilities
5. the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. the tax consequences to each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. the vocational skills and employability of the spouse seeking maintenance
10. the length of absence from the job market of the spouse seeking maintenance
11. the probable duration of the need of the spouse seeking maintenance
12. any custodial and child support responsibilities
13. the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
14. any mutual agreement between the spouses
15. any other relevant factor

The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court.

Spouse's Name After Divorce
Upon request, either spouse's former name may be restored.

Child Custody After Divorce
Joint or sole child custody, "legal custody and physical placement," may be awarded based on the best interests of the child and the following:

1. the preference of the child
2. the wishes of the parents
3. the child's adjustment to his or her home, school, religion, and community
4. the mental and physical health of all individuals involved
5. the relationship of the child with parents, siblings, and other significant family members
6. any findings or recommendations of a neutral mediator
7. the availability of childcare
8. any spouse or child abuse
9. any significant drug or alcohol abuse
10. whether 1 parent is likely to unreasonably interfere with the child's relationship with the other parent
11. any parenting plan or other written agreement between the spouses regarding the child
12. the amount of quality time that each parent has spent with the child in the past
13. any changes that a parent proposes in order to spend more time with the child in the future
14. the age of the child and the child's developmental and educational needs
15. the cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other
16. the need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child
17. any other factors [except the sex and race of the parent]

Child Support After Divorce
Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:

1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, earning capacity, needs, and obligations of the parents
5. the age and health of the child, including the need for health insurance
6. the desirability of the parent having custody remaining in the home as a full-time parent
7. the cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent
8. the tax consequences to each parent
9. the award of substantial periods of physical placement to both parents [joint custody]
10. any extraordinary travel expenses incurred in exercising the right to periods of physical placement
11. the best interests of the child
12. any other relevant factors

There are official guidelines and percentage standards for child support are available from the Wisconsin Department of Health and Social Services. The court may require that child support payments be guaranteed by an assignment of income, that the payments be made through the clerk of the court, or that health insurance be provided for the children. The court may also order a parent to seek employment. The court may order spousal maintenance and child support payments be combined into a "family support" payment.

Continue to Wyoming Divorce Laws
 
Resource Article:
 
Parenting Plans From a Kid’s Eye View
By Gary Direnfeld, MSW, RSW

The level of conflict whether low, medium or high and the kids three wishes are the clue to parenting plan solutions.

In low conflict situations, the parents may not get along well, but perhaps well enough to stay in the same house, maybe not the same bedroom, but the same house. The parents may regard themselves as high conflict, but actually, this is more akin to high tension rather than medium or high conflict. In high tension, there is a stress imposed by the bad feelings between the parents. There is concern for eruption of conflict, but none-the-less, the parents can manage their behavior and curtail open hostility. Children in these situations get their first wish. It may not be perfect, but they remain together with their parents under one roof. Scheduling and parental responsibilities generally remain the same.

Open hostility or antagonism differentiates high tension from conflict. In medium conflict, while the parents may not get along, there is still a level of civility which only from time to time dips to include subtle denigration, such as making faces, sniping or sarcastic comments and the like. The parents are well able to distinguish their issues from the needs of the children and keep the children’s interest forefront, even though they the parents cannot stand to be under the same roof. Given medium conflict and the kids’ second wish being that the parents get along, kids in these situations would like their parents to be neighbors. In their mind, if their parents lived in houses side by side, or at least within walking distance of each other, they would have some peace of mind with regard to maintaining a close and loving relationship with both parents.

In high conflict situations, the hostility between the parents has likely never been hidden or managed well in view of the kids. There may be allegations of abuse between the parents or even of a parent towards the children. Issues of alcohol or drug use/abuse may be present and there is a greater probability of a mental health issue affecting at least one parent. Parents are deadlocked with regard to their view of the ongoing care of the children. The children shudder at the thought of their parents remaining in the same house, let alone the some neighborhood. Like the ol’ western, “This town isn’t big enough for the both of them”. Kids in these situations, more often than not, still seek to maintain a close relationship with both parents. However they realize that like some young kids fighting in the sandbox, peace will only prevail as long as they are kept far apart. So these kids just want their parents to leave each other alone, so they might enjoy their own relationship with each parent, free from the intrusions of the other. In these situations, children are better off with some physical distance between the parents to act as a buffer or neutral zone where neither will run into the other.

Kids subject to parental separation do live with some level of hypocrisy. We tell kids to get along, play nicely and the like, yet and certainly during the separation process, many parents do anything but. Want your kids to adjust better? Follow the advice you would give them and consider a parenting plan according to the level of conflict.
 

Divorce Terms:

Sanctions. Under the Rules of Procedure, courts may penalize or sanction a party or counsel for improper behavior, such as making frivolous claims.

Usually such awards are paid to the opposing party, but don't hold your breath. Courts are reluctant to punish obstructionist lawyering or uncooperative parties. The divorce bar has created a lucrative cottage industry out of obstructing justice.

Secretion of Assets. The hiding of assets

Self Incrimination; the right against. The right of the accused not to admit criminal wrongdoing.

Most wrongful behavior is not criminal in divorce, so the right against self incrimination cannot be asserted. Certain acts, however, such as adultery, are still considered crimes in most states. Domestic violence and tax cheating are also crimes. The right may be asserted in these limited instances, but unlike criminal proceedings, the judge may draw a negative inference from a party asserting the right against self incrimination. In other words, the judge can assume your guilt from your assertion of the right. In criminal cases, drawing such inferences is strictly forbidden.

Separate Maintenance. See Legal Separation

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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