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What You Need To know

Divorce requirements in Madison and surrounding area

If you want to file for divorce in Madison, or elsewhere in Wisconsin, you must meet certain requirements. Wisconsin family law mandates that you meet criteria, including residency status. Both parties to a divorce do NOT have to be residents of Wisconsin. However, one spouse must have been a Wisconsin resident for 6 months. The spouse must also be a resident of the county in which they file for at least 30 days. If you’re confused about divorce requirements or are looking for divorce help in Madison, an experienced divorce attorney can walk you through the process.

 

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Wisconsin: A no-fault divorce state

If you’ve looked for help filing a divorce in Madison, you’ve probably came across the term “no fault divorce.” What does it mean to live in a no-fault divorce state? How can living in a no-fault state change your divorce situation? In short, Wisconsin divorce law says that neither party has to prove the other party is at fault before filing for divorce. One of the parties simply has to acknowledge that the marriage is broken beyond repair. There is no requirement saying that either party in a Madison divorce has to prove infidelity, desertion or another failing.

 

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What can happen in a Madison divorce?

Divorce cases in Wisconsin are solved in one of two ways. Some cases end in a settlement, or an agreement between two adults that details how the couple will handle property division, child support, child custody and alimony after the divorce. Settlements, of course, require cooperation and agreement between both parties, but they are a lot easier than taking a case to trial. Negotiating a proper settlement often requires close consultation with a divorce attorney. Of course, divorce cases can and do go to trial. This option occurs when both spouses have fundamental disagreements about property divisions, child custody and other issue.

 

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What You Need To know

Divorce requirements in Madison and surrounding area

If you want to file for divorce in Madison, or elsewhere in Wisconsin, you must meet certain requirements. Wisconsin family law mandates that you meet criteria, including residency status. Both parties to a divorce do NOT have to be residents of Wisconsin. However, one spouse must have been a Wisconsin resident for 6 months. The spouse must also be a resident of the county in which they file for at least 30 days. If you’re confused about divorce requirements or are looking for divorce help in Madison, an experienced divorce attorney can walk you through the process.

Wisconsin: A no-fault divorce state

If you’ve looked for help filing a divorce in Madison, you’ve probably came across the term “no fault divorce.” What does it mean to live in a no-fault divorce state? How can living in a no-fault state change your divorce situation? In short, Wisconsin divorce law says that neither party has to prove the other party is at fault before filing for divorce. One of the parties simply has to acknowledge that the marriage is broken beyond repair. There is no requirement saying that either party in a Madison divorce has to prove infidelity, desertion or another failing.

What can happen in a Madison divorce?

Divorce cases in Wisconsin are solved in one of two ways. Some cases end in a settlement, or an agreement between two adults that details how the couple will handle property division, child support, child custody and alimony after the divorce. Settlements, of course, require cooperation and agreement between both parties, but they are a lot easier than taking a case to trial. Negotiating a proper settlement often requires close consultation with a divorce attorney. Of course, divorce cases can and do go to trial. This option occurs when both spouses have fundamental disagreements about property divisions, child custody and other issues.

Divorce Basics

What you need to know

To file a divorce in Wisconsin, you must meet basic residency requirements. You can start the process of getting a divorce by filing with the clerk in your particular county. In order to file for divorce, you only have to acknowledge that your marriage is broken beyond repair. A divorce attorney can make sure you stay organized as you begin the divorce process. Filing a divorce action in the appropriate manner is crucial in having a successful divorce.

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Child Custody

What you need to know

In most family law cases, courts try to maximize a child’s time with both parents after a divorce. However, the parent with legal custody still gets to make crucial decisions on behalf of the child. Courts do consider each parent’s relationship with the children in a divorce, and they also take the child’s wishes into account in most cases. In the absence of legal custody, a divorce attorney can still make sure you play a role in the life of your child after a divorce.

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Child Support

What you need to know about child support

Wisconsin courts have specific rules for setting child support amounts. Child support amounts typically last until a child is an adult and can only be changed under very specific circumstances. Therefore, it’s important that you end up paying the right amount in child support from the very beginning. If you believe your former spouse in a divorce isn't paying the right amount in child support, a divorce attorney can help you address this situation.

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Alimony

What you need to know about alimony

In a divorce, Wisconsin courts aim to establish financial equality between spouses. Alimony, or spousal maintenance, is the main way courts do this. There is such a thing as temporary alimony, but most alimony orders are permanent, so it’s important that spouses have a bold legal advocate to argue their case in a divorce trial. Although marriage is supposed to be a give-and-take, oftentimes one spouse sacrifices more than the other during a marriage. Factors such as these can influence how much alimony is paid after a divorce is finalized.

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Property Division

What you need to know about property division

Wisconsin family law guidelines are pretty clear-cut when it comes to property division during a divorce. Although there are exceptions, assets are usually split evenly. Still, property division can get pretty complicated. Dishonest spouses will hide or undervalue marital assets to cheat the other party out of his or her fair share. In property division cases, a divorce attorney will help you avoid being taken advantage of. Many types of assets, including ones you probably never thought of, can be divided during the divorce process.

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How to prepare for a divorce

Filing for a divorce together vs. filing separately

Some divorce cases are contested, while some are uncontested. If both spouses agree on key issues such as alimony, child custody, visitation and property division, they can file together. Filing for a divorce together, also called joint filing or uncontested divorce, is a lot simpler and less expensive than contested. Filing for a divorce separately comes with additional costs. The petitioner, or the person bringing up the divorce case, must pay anywhere from $100 to $400 to serve up the divorce papers to the respondent. The respondent in a Wisconsin divorce case also faces costs of their own. Due to the high amount that is at stake in family law cases, most divorces involve a petitioner and respondent.

Divorce with minor children

Having children under the age of 18 can complicate a Wisconsin divorce case. When filing for a divorce with minor children , both parties have to work out child custody, visitation and child support arrangements. If they can’t come to an agreement, divorce cases have to be mediated, typically by a guardian ad litem. The guardian ad litem is a Wisconsin divorce attorney appointed by the court to advocate for a child’s best interest. Sometimes this person has a convincing case, but sometimes he or she lacks knowledge of the family situation. An experienced divorce attorney can help articulate your child custody or visitation argument in a way that is clear and convincing to the judge.

Knowing the proper divorce forms

If filing separately, spouses have to complete either a Summons or a Petition with Minor Children form, depending on whether they are the petitioner or the respondent. Parents also have to consider the issue of child custody. If it’s in the child’s best interest, a court can award joint legal custody to both parents. Otherwise, the court will make a custody decision based on the mental and physical health of the parents and several other factors. In any family law issue, you need to know the proper divorce forms you need when filing jointly, and when filing separately. Click here for access to Wisconsin divorce forms.

How to prepare for a divorce

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Filing for a divorce together vs. filing separately

Some divorce cases are contested, while some are uncontested. If both spouses agree on key issues such as alimony, child custody, visitation and property division, they can file together. Filing for a divorce together, also called joint filing or uncontested divorce, is a lot simpler and less expensive than contested. Filing for a divorce separately comes with additional costs. The petitioner, or the person bringing up the divorce case, must pay anywhere from $100 to $400 to serve up the divorce papers to the respondent. The respondent in a Wisconsin divorce case also faces costs of their own. Due to the high amount that is at stake in family law cases, most divorces involve a petitioner and respondent.

 

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Divorce with minor children

Having children under the age of 18 can complicate a Wisconsin divorce case. When filing for a divorce with minor children , both parties have to work out child custody, visitation and child support arrangements. If they can’t come to an agreement, divorce cases have to be mediated, typically by a guardian ad litem. The guardian ad litem is a Wisconsin divorce attorney appointed by the court to advocate for a child’s best interest. Sometimes this person has a convincing case, but sometimes he or she lacks knowledge of the family situation. An experienced divorce attorney can help articulate your child custody or visitation argument in a way that is clear and convincing to the judge.

 

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Knowing the proper divorce forms

If filing separately, spouses have to complete either a Summons or a Petition with Minor Children form, depending on whether they are the petitioner or the respondent. Parents also have to consider the issue of child custody. If it’s in the child’s best interest, a court can award joint legal custody to both parents. Otherwise, the court will make a custody decision based on the mental and physical health of the parents and several other factors. In any family law issue, you need to know the proper divorce forms you need when filing jointly, and when filing separately. Click here for access to Wisconsin divorce forms.

 

Divorce HelpI hired Attorney Fields to help me with my divorce and custody. It was a very complicated process with custody, placement, property division and retirement accounts. I appreciated his experience, advice and extensive knowledge during the entire process. I felt that he and his staff were sympathetic and emotionally supportive. He was able to get the best results for me and my children and I always felt like I had the best representation possible.

Pam. via Yelp

Divorce HelpMy experience with John T. Fields and Associates was positive. They helped me through a very long and difficult divorce. Throughout the whole process John T. Fields and Associates took the time to explain to me my legal options regarding custody and placement of my minor children and helped me obtain joint custody and placement. The Firm is fair and will always place your best interest first. With many years of experience and a reputable name in the legal field, John T. Fields will get you results. Very positive and I thank them!

Antonio M. via Google Reviews

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Divorce Help

740 Pilgrim Pkwy, Suite 100
Elm Grove, WI53122

608-819-5890
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740 Pilgrim Parkway, Ste 100 Elm Grove, WI 53122

608-819-5890 CALL TODAY