Property Division

Property Division FAQs

What rules govern property division in Wisconsin?

Anyone going through a divorce should take the time to understand how Wisconsin courts determine property division. Wisconsin has specific laws that govern how property is divided during a divorce. In fact, Wisconsin is one of 11 states in the country that considers nearly everything in the marital state to be community property. Community property in a marriage isn’t limited to tangible objects. In a Wisconsin divorce, it includes income, vacation homes, vehicles and other items. It even includes intangible assets that you might not guess – things like retirement accounts and investments in stocks or bonds.

 

What considerations does the court make when determining property division?

Madison divorce courts, as well as courts throughout the state of Wisconsin look at many factors when it comes to determining property division. You may not be surprised that divorce courts consider factors like the age of both spouses, length of the marriage and physical and emotional health. But did you know that prenuptial agreements are also taken into account? Couples may sign a prenuptial agreement before their marriage that describes what property cannot be identified as marital property. You can consult a divorce attorney if you have questions about how prenuptial agreements work in Wisconsin.

 

What complications can arise during property division?

Division of assets is often one of the trickiest parts of a divorce. When thousands, or even millions of dollars are at stake, you don’t want to take your chances on an inexperienced divorce attorney. The presence of hidden assets during a divorce makes things even more complicated. Deciding how to split retirement assets can also be contentious in a property division case. Most people don’t know that during a Wisconsin divorce, couples can decide to split their assets at retirement, instead of dividing their retirement account at the time of divorce. If a couple decides to go this route, they need to obtain a Qualified Domestic Relations Order.

 

Property Division FAQs

What rules govern property division in Wisconsin?

Anyone going through a divorce needs to understand how Wisconsin courts determine property division. Wisconsin has specific laws that govern how property is divided during a divorce. In fact, Wisconsin is one of 11 states in the country that considers nearly everything in the marital state to be community property. Community property in a marriage isn’t limited to tangible objects. In a Wisconsin divorce, it includes income, vacation homes, vehicles and other items. It even includes intangible assets that you might not guess – things like retirement accounts and investments in stocks or bonds

What considerations does the court make when determining property division?

Madison divorce courts, as well as courts throughout the state of Wisconsin look at many factors when it comes to determining property division. You may not be surprised that divorce courts consider factors like the age of both spouses, length of the marriage and physical and emotional health. But did you know that prenuptial agreements are also taken into account? Couples may sign a prenuptial agreement before their marriage that describes what property cannot be identified as marital property. You can consult a divorce attorney if you have questions about how prenuptial agreements work in Wisconsin.

What complications can arise during property division?

Division of assets is often one of the trickiest parts of a divorce. When thousands, or even millions of dollars are at stake, you don’t want to take your chances on an inexperienced divorce attorney. The presence of hidden assets during a divorce makes things even more complicated. Deciding how to split retirement assets can also be contentious in a property division case. Most people don’t know that during a Wisconsin divorce, couples can decide to split their assets at retirement, instead of dividing their retirement account at the time of divorce. If a couple decides to go this route, they need to obtain a Qualified Domestic Relations Order.

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.

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.

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.

 

Helping Families Get What They Deserve.

A divorce or other family law matter is a life-changing event for you, and if you are a parent, for your children. It is an evnt that will change lives for years or perhaps forever. That’s why it’s so important to get an attorney and not just any attorney, but the right attorney

We have over 25 years of family experience and we can be aggressive when your family needs to get what they deserve. When a client retains our services we personally take care of their case. Our goal is to get you what you want. Whether that is collaborative divorce, mediation or litigation.

We are a renowned Wisconsin Divorce & Family Law Firm. We've represented Wisconsin residents in many counties across the state, including Milwaukee, Waukesha, Racine, DaneRock, Jefferson, Kenosha and  counties. Don’t let your spouse in a difficult divorce case prevent you from getting the settlement your family deserves.

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.

Property Division and Your Divorce Attorney

Attacking your opponent’s case

Dishonest spouses can hide assets by stashing money in safes or other places where they believe no one can access them. In Wisconsin property division cases, some people even delay raises or bonuses until after the divorce is finalized, in order to limit what their spouse gets in a divorce settlement. Uncovering hidden assets is difficult and something that can only be done with the help of a family law attorney. The more experience a divorce attorney has, the higher your chances of winning a fair divorce settlement.

Dealing with different assets

When it comes to divorce in Madison, there are certain things spouses need to keep in mind for specific types of assets. Family law attorneys like John T. Fields & Associates know the rules that govern each asset type in a divorce. With automobiles, for example, the court looks at total value, not just the number of cars the two spouses own. Thus, according to property division rules, even if one spouse gets a more valuable car, he or she might still owe the other spouse the difference in value. It’s impossible to research all of these rules by yourself.

Hiring a divorce attorney

There are many considerations, spouses have to make when it comes to property division. A divorce attorney can provide counsel during stressful financial times and ensure your right to fair property division during a divorce. When it’s time to fight to defend a client’s property, there’s no better attorney to have on your side than John T. Fields & Associates. Just like a pitbull, he stands by your side, protecting your well-being and giving you peace of mind after a difficult, high-stakes divorce is finalized. Fill out the form below to schedule a free consultation with John T. Fields & Associates.

Property Division and Your Divorce Attorney

Attacking your opponent’s case

Dishonest spouses can hide assets by stashing money in safes or other places where they believe no one can access them. In Wisconsin property division cases, some people even delay raises or bonuses until after the divorce is finalized, in order to limit what their spouse gets in a divorce settlement. Uncovering hidden assets is difficult and something that can only be done with the help of a family law attorney. The more experience a divorce attorney has, the higher your chances of winning a fair divorce settlement.

 

Dealing with different assets

When it comes to divorce in Madison, there are certain things spouses need to keep in mind for specific types of assets. Family law attorneys like John T. Fields & Associates know the rules that govern each asset type in a divorce. With automobiles, for example, the court looks at total value, not just the number of cars the two spouses own. Thus, according to property division rules, even if one spouse gets a more valuable car, he or she might still owe the other spouse the difference in value. It’s impossible to research all of these rules by yourself.

 

Hiring a divorce attorney

There are many considerations, spouses have to make when it comes to property division. A divorce attorney can provide counsel during stressful financial times and ensure your right to fair property division during a divorce. When it’s time to fight to defend a client’s property, there’s no better attorney to have on your side than John T. Fields & Associates. Just like a pitbull, he stands by your side, protecting your well-being and giving you peace of mind after a difficult, high-stakes divorce is finalized. Fill out the form below to schedule a free consultation with John T. Fields & Associates

 

Prior to coming to John Fields, I had a very difficult experience with custody and divorce settlement. Was able to work through all of our issues and resolve them in a timely and efficient manner. I felt like all of my needs were addressed and was able discuss things openly. I was very happy with the outcome and I appreciate all of the time they spent on my case

Pamela S. via Google Reviews

My 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!  

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