Grounds For Divorce

Wisconsin State Law allows a couple to divorce when one spouse claims  that the marriage has become “irretrievably broken”. To establish this, the document asking for divorce (petition for divorce) must have this declaration.  On the day a divorce is granted, both spouses must declare this before a  judge.  

Residency Requirements

To file for divorce in Wisconsin, at least one spouse in the couple must have been a resident for at least six months. You must also have lived in the county in which you're filing for a period of at least 30  days. Once the divorce is filed there's also a mandatory waiting period of 120 days between your filing date and being eligible to be finally divorced.  

Property Division

In general, the statutes presume marital assets will be divided equally between parties, but the court may order a disproportionate distribution based on a variety of statutory factors, ranging from the age and health of the parties, to each spouse’s earning capacity to each spouse's contribution to the marriage.  

CHILD SUPPORT

Divorcing spouses who are getting divorced must support their children. Because the spouses are no longer one economic unit, the law requires the spouse with less than 25% of the overnights with the children to pay child support.  Child support is calculated based upon a percentage of gross income.  17% for one child, 25% for two, 29% for three, 31% for three and 34% for four or more.  Here is link to a useful guide. http://dcf.wisconsin.gov/bcs/order/guidelines.htm.  High and low income payers are given certain adjustments.   If parents share placement, meaning one parent has the child for 25% or more of the yearly of overnights, child support is reduced pursuant to a formula that takes into account the other spouse’s income.  Also be aware that if placement is shared, the parents must share in “variable expenses” according to his or her percentage.  These expenses include child care, school lunches and extracurricular activities.

MAINTENANCE

Spousal Maintenance, popularly known as “alimony” is a device by which one party has a continuing obligation of support towards the other spouse.  Maintenance can be awarded for a short time, a long time or and indefinite time, based upon the statutory factors that include the length of the marriage, the contribution of one spouse to the other’s earning capacity and the education level of each party.  

These are just a few of the issues involved in getting a divorce. The issues in a divorce can range from simple to very complex.  A skilled and experienced divorce attorney can save his or her client from making numerous missteps and mistakes.   The divorce attorneys at O'Neill Law Firm, LLC have extensive experience answering questions and helping divorcing couples achieve the best possible outcome for these difficult cases. Visit their website to learn more about their reputation for excellent service, or call (608) 519-3551 to schedule a consultation with a divorce attorney today.