Divorce Guide to Wisconsin
Divorce Guide to Wisconsin
A woman's guide to getting a divorce in Wisconsin
WISCONSIN DIVORCE LAWS:
The Residency Requirement: One of the spouses must have been a resident of Wisconsin for six months and a resident of the county for 30 days immediately prior to filing. If custody of a child is contested, mediation is required. If joint custody is requested, mediation may be required. If the couple has children, parenting education may be required.
Grounds: Both no fault: A joint petition by the spouses alleging this irretrievable breakdown of the marriage; Living separate and apart for one year immediately prior to filing, with no possibility of reconciliation.
Property Division: Wisconsin is a community property state, which usually means property acquired during the marriage is divided equally between the parties. In Wisconsin, there is a presumption that community property is divided equally, but the court can divide the property “equitably,” that is “fairly,” after considering 16 factors, including whether or not maintenance has been ordered. Marital misconduct is not considered. The court can also apportion a spouse’s separate property in order to prevent a hardship on a spouse or on the children of the marriage (click the following for an expert's overview and key tips on dividing up property and assets through divorce).
Alimony: The court can award alimony to either party, with considering “fault,” after considering some 15 factors. The court may combine maintenance and child support payments into a single “family support” payment.
Child custody and child support: As in every state, custody is based on “the best interests of the child.” Legal custody and physical custody may be joint or sole, based on the best interests of the child, based on 11 factors, including how much quality time the parent has spent with the child in the past, and the availability of child care. Joint custody will be granted only if the parties agree.
Wisconsin child-support guidelines use a percentage of the noncustodial parent’s gross income. There are many factors that can affect the final award, but generally:
- For one child, 17 percent
- For two children, 25 percent
- For three children, 29 percent
- For four children, 31 percent
- For five or more children, 34 percent
Wisconsin has an on-line child support calculator that can help you figure child support in your case: http://dcf.wisconsin.gov/bcs/chapter.htm
Support terminates at age 18, or at graduation from high school, whichever is sooner. There is no requirement for a parent to pay college costs.
Click the following for an expert's overview and a detailed directory of articles on child custody and child support.
The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
Comments
Post new comment