What Is a Party Entitled to During Divorce in Wisconsin?

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Divorce is never easy. The emotional upheaval and legal complexities can leave you feeling overwhelmed and unsure about your future. As a wife or husband in Wisconsin, you may have many questions about your rights during divorce. A seasoned Waukesha County divorce lawyer can answer your questions and help alleviate any apprehension you’re feeling about the divorce.

What About Family Property?

Wisconsin is a “community property” state. Any assets obtained throughout the marriage are deemed marital property and are eligible for distribution in divorce proceedings. This includes earnings, property holdings, personal belongings, and even liabilities. Nonetheless, there are exceptions to this principle, such as gifts or inheritances obtained by one spouse during the marriage.

Wisconsin law states that each spouse has a half interest in all the marital property. Although the courts aim for a 50/50 split, a court has some leeway to consider other factors that might suggest a different distribution, if both parties agree it is fair and equitable. 

Can I Get Maintenance?

Spousal maintenance, previously referred to as alimony, can be a significant element in divorce proceedings. In Wisconsin, courts may grant spousal maintenance to parties who may lack adequate income or assets to sustain themselves post-divorce. Various factors influence the court’s decision on spousal maintenance, such as the duration of the marriage, each spouse’s earning potential, the lifestyle maintained during the marriage, and the age and health of each spouse.

What About the Kids?

If you have children, child custody, physical placement, and support will also be major issues during your divorce. In Wisconsin, courts prioritize the child’s best interests when making custody and/or placement decisions. This means that the court will consider factors such as each parent’s relationship with the child, their ability to provide a stable home, and their willingness to foster a relationship between the child and the other parent, and many other important factors. 

Child support is another critical aspect of divorce for parents. In Wisconsin, typically the court uses a standardized formula that considers each parent’s income, the number of children, and the amount of overnight placement each parent spends with the children when calculating child support. As a custodial parent, you may have the right to receive child support payments from your ex-spouse to help cover the costs of raising your children. If you’re not the custodial parent, or if you earn substantially more than the other parent in a shared placement situation, you may be required to pay child support to the other parent.

Lawyers Who Can Protect Your Interests

Managing the divorce process can be challenging, but you have rights under Wisconsin law. An experienced divorce attorney can protect those rights and advocate for your interests. They can also provide valuable guidance and support as you work to build a new life for yourself and your children after the divorce.

At Walden, Neitzke & Kuhary, S.C., we recognize that divorce is difficult and are dedicated to assisting our clients in attaining optimal results tailored to their individual circumstances. Our seasoned and empathetic attorneys bring extensive skill to divorce proceedings, offering the necessary legal counsel and compassionate support to guide you through this time of transition.

If you are considering divorce or have already begun the process, contact our team online or call us at 262-518-9805 to schedule a consultation. We will take the time to listen to your story, answer your questions, and help you understand your rights and options moving forward. With our help, you can confidently navigate the divorce process and emerge ready to embrace the next chapter of your life.

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