If you are considering divorce, you likely have questions about the legal process, concerns regarding how property such as the family home or car will be handled and, if children are involved, support and custody concerns. It is beneficial to have a basic understanding of the overall process so that you can move forward confidently.
In order to initiate a Wisconsin divorce, you and your attorney will file a Summons and Petition for Divorce with the court. Subsequently, your spouse will be served with the Summons and Petition for Divorce within a 90 day window. Your spouse will sign the Admission of Service at his/her attorney’s office or a process server can serve the papers to him or her. Your spouse will file a written Response and Counterclaim within 20 days of being served with the court, sending a copy to you and your attorney. Continue reading “Wisconsin Divorce and Temporary Court Orders”
During marriage, couples accumulate many assets such as cars, homes, investments and more. If you are considering a Wisconsin divorce, you may have questions regarding how your assets will be divided between you and your spouse.
Wisconsin is a community property state, which means that property purchased with income earned during the marriage is considered marital property. When couples divorce, this property is divided equally between spouses.
When courts divide property, it is typically a matter of adding up the total value of the marital estate and granting each spouse a percentage. Although Wisconsin law implies a 50-50 split, a judge strives to make the division fair, so he or she may deviate from an equal distribution of assets after considering various factors such as:
- The property each spouse brought into the marriage
- The amount of non-marital assets/separate property involved, which may include property acquired before the marriage such as inheritance, gifts, material items, etc. However, keep in mind that some separate property items may become community property in circumstances where co-mingled funds were used to maintain the separate property, such as a house.
Continue reading “Marital Property Division | Waukesha Wisconsin Divorce Lawyers”