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What to Know Before Filing for Divorce in Dane County, WI
Making the decision to file for divorce is never easy.
When a relationship falters and seems beyond the point of repair, it might make sense for both parties to legally part ways. While difficult, certain factors can make filing for divorce less of a burden. It certainly pays to have the preparation and determination of an experienced Madison divorce lawyer. An adequate legal representative must have keen familiarity with all Wisconsin divorce laws that may impact a case.
Understanding Wisconsin divorce laws
For those wondering if they actually have legal grounds for a divorce in Wisconsin, it's important to understand that Wisconsin is a “no fault” divorce state. This means the petitioner, or the person filing for divorce, doesn't need to prove any wrongdoing from the other party. Irreconcilable differences, or irretrievable breakdown, is the only ground required when filing.
Before looking into how to get a divorce, it helps to understand the residency requirements of Wisconsin divorce law. At least one spouse must have legal residency in the state of Wisconsin for 6 months prior to filing. They also need to be legal residents of the county in which they file for at least 30 days.
How Do Wisconsin Courts Decide Child Custody?
Children are perhaps the most at risk for trauma in a divorce, legal separation or custody case.
This is why, in Wisconsin, the child's best interests are always considered first. The courts in Wisconsin handle custody cases in a conciliatory way, where the first presumption is that it is in the best interest of the child to have equal contact and visitation with both parents.
Joint custody is the initial presumption, and developments during a custody proceeding may or may not push the judge to issue sole custody and visitation to one parent over the other based on various circumstances and factors
Child Custody and Placement
Some of the vital decisions before a Wisconsin family court will involve custody and placement. Custody is the legal right of a parent (or both parents in a joint-custody case) to make major life and legal decisions about their child(ren), including school, religious beliefs and worship attendance, getting a driver's license or consent to marry as examples.
What to Do When You Are Served With Divorce Papers
Help! I just got served with divorce papers!
State law has very specific provisions outlining how the divorce process in Wisconsin begins. When someone gets served divorce papers, their best response is to immediately contact a Madison divorce attorney. Under the divorce laws in Wisconsin, the filing spouse becomes the “petitioner” in a serious legal action against the “respondent.” If the respondent doesn't obtain expert legal advice, they could be disadvantaged by lack of clarity on their rights and responsibilities. The divorce papers will specify a response deadline, and missing it could result in a default judgment against the respondent.
Be aware that default judgments result in the petitioner getting everything they made a claim for in the divorce papers. This is especially troubling for respondents as divorce petitions often include unreasonable, outlandish, and even insulting requests. Respondents should keep a level head; these requests are made with the expectation of negotiations and counterclaims, but failure to respond could have life-altering consequences. The Madison divorce lawyers at John T. Fields and Associates understand the game and the stakes of high asset divorce… and will fight like a pitbull to win.
Pension Rights and Your Divorce
Whether negotiating a settlement or engaging in a high asset divorce dispute, rights to retirement savings and pensions are incredibly important.
Pensions and retirement savings are valuable bargaining chips are often overlooked by spouses preoccupied with establishing possession of more tangible properties like houses and vehicles. Divorcing couples tend to view the house as the most valued property in an adversarial dispute, but securing rights to pension plans and other investments often provides greater long-term benefits to the asset holder.
Divorce Assets Worth Fighting For
There are many kinds of accounts to be divvied up in a Wisconsin high asset divorce. Different kinds of accounts have different rules affecting marital property division. Some factors include:
- the valuation of comparable accounts
- investments under the spouse's name
- the length of the marriage
Some of the most commonly disputed marital assets include:
Coping With A Difficult Spouse
Dealing with a uncooperative spouse during the divorce process can be very stressful.
Even the most amicable divorce comes with its fair share of stress, but when one spouse is determined to make the situation as difficult as possible, it can seem unbearable. Perhaps one spouse does not want the divorce and they may try to do anything they can to slow the process, hoping the other party will eventually be willing to reconcile. Or, perhaps one spouse is financially dependent on the other and does not want to lose the financial support they had while married. And then there's always the spouse that may see their attempts to complicate the divorce process as their way of “getting even” with their spouse.
The number one issue that divorcing couples have are problems communicating. Communication between spouses may have been difficult prior to the marriage disintegrating, but after the divorce is filed it can become nearly impossible. There are things that can make communication more clear and smooth during the divorce process.
FAQ: When Is A Party Entitled To Maintenance?
A divorced party is not automatically entitled to alimony or maintenance.
The law acknowledges that marriages are partnerships and even though one party may not have worked at a wage paying job, he or she is presumed to have contributed equally to the marriage in other ways.
These contributions could be:
- child rearing
- managing a household
- providing physical and emotional support to the wage earning spouse
The party asking for maintenance must have a need for it and the other party must have the ability to pay. If both side's criteria exist then the court will look at a number of factors to determine not only the amount of maintenance to be paid but also for how long it is to be paid.
The factors included would be:
- Length of marriage
- Age and physical and emotional health of the parties
- The division of property
- Educational level of each party at the time the action is commenced
Parental Kidnapping During Divorce or Custody Case
During a heated divorce or custody case, parents often become bitter or angry at the other spouse.
Usually a parent will attempt to minimize or limit the other parents' placement or visitation time. Sometimes this is being difficult in working with pickups and drop-offs. Other times, it can mean the child not being dropped off at all. When one parent refuses to return the child to the other parent, parental kidnapping has occurred.
Parental kidnapping is much more than a simple custody dispute. It is intentionally taking or hiding a child to prevent a parent or legal guardian from having the custody which they are entitled to. In some Parental Kidnapping cases, the parent will have the child change names, attempt to change the appearance of the child, and move with the child a great distance away. This not only affects the other parent's rights, but also affects the child caught in the middle. It can be a very traumatic event for the child involved, causing psychological problems later in life. The child may begin to question his identity as everything he once knew has been taken away.
FAQ: How Do I Know What Is The Best Route For My Case?
Divorces today are more complicated than ever.
Deciding whether to hire a mediator or lawyer portrays a large role in the success of your divorce battle. Our experienced Madison divorce lawyers highly recommend contesting your divorce and bringing your case to trial. A divorce can put your future largely at stake and should not be made by a non-legal representative.
Whether it's the custody of your child or your financial security, a mediator does not have the legal grounds to back your case. Mediators may offer quicker solutions, however they do not provide the legal advice necessary for a divorce. You divorce lawyer can provide substantial, legal advice where a mediator can only tell you where to find additional information.
John T. Fields & Associates have the knowledge in fighting for what is rightfully yours, offering clients unmatched, comprehensive legal support. Trust our leading divorce attorneys to win your contested courtroom battle. Contact us for an initial consultation. John T. Fields & Associates serves Madison, Wisconsin and the surrounding area.
FAQ: What Are Grounds For Divorce?
Do you have to prove that you have grounds for divorce in Wisconsin?
Grounds for a divorce are the legal reason clients file for a divorce. When thinking about filing for a divorce, you may be of the opinion you need “grounds” for the divorce or a reason for divorce. Modern divorce laws, or “no-fault” divorce laws, have eliminated the need for divorce grounds in most states
Wisconsin is a no-fault state.
No- fault means neither spouse is required to prove “fault” or marital misconduct on the other. Irretrievable breakdown of the marriage is the only grounds for a divorce in Wisconsin. The primary reasoning behind no-fault divorce laws is keeping emotions out of divorce court.
There are countless reasons for a divorce and every case is situational.
Cruel and inhuman treatments remain leading reasons for a divorce in the United States. Acceptable differences also constitute a spouse in having the ability to arrange grounds for a divorce.
Divorce's Effect On Children
Divorce can be a painful and stressful time for everyone involved, including your children.
Often during the divorce process, parents are overwhelmed with the situation they are facing. It is vital to remember that children are facing the same situation without the coping skills of an adult.
It is especially important at this time that parents reassure them of their love and that they will protect them throughout the divorce process. When filing for divorce in Wisconsin, some counties will require you and your spouse to complete what the court refers to as a parent education class to help you better assist your children in coping with divorce. You may also want to consider some counseling for your child, either through their school guidance counselor, your church, or another qualified professional. Here are some suggestions for you to help your children cope with the coming changes in their lives.
When Children Are In Danger
In some cases, children are put in dangerous situations as a result of a parent's poor judgment, addictions, or the new people a parent may choose to expose the children to, as well as other bad choices. For example, what if one parent has a drug or alcohol addiction? It is your job to protect your child, and an experienced divorce and custody attorney can fight for supervised placement while the child is in the care of the spouse with the addiction. This is accomplished by either a third party family member, or an outside service in your area that can accommodate supervised placement when appropriate.
From our office in Madison, Wisconsin, we provide representation for clients in communities throughout Dane County, Green County, Columbia County, Sauk County, Dodge County, Jefferson County, and Rock County, including Middleton, Waunakee, DeForest, Sun Prairie, Cottage Grove, Monona, McFarland, Fitchburg, Stoughton, Oregon, Verona, Mt. Horeb, Monroe, Portage, Baraboo, Reedsburg, Beaver Dam, Waupun, Watertown, Jefferson, Fort Atkinson, Whitewater, Janesville, and Beloit.
Results listed are not a guarantee or indication of future case results.
2810 Crossroads Dr., #4000, Madison, WI 53718
608-729-3590
