Index
Marriage Counseling as a First Step Any marriage that was once good may be worth saving. It is important to remember that we can't love our mates at all hours of the day on all days of the week. Let's face it. Marriages take work. Before you consider divorce, reconsider your marriage. Divorce is and should be a final and drastic step. Click here to review links that may help you save your marriage.
Grounds for Divorce
Annulments In our modern world, an annulment tends to be more a creature of religion than of law. Annulments are rarely granted and when they are, very specific circumstances must exist. Often people believe that they may annul a marriage simply because it was of a very short duration. That is not the case. To annul a marriage, a person must demonstrate that the marriage is void because it is prohibited by the laws of the State or is voidable because the intent to enter into a civil contract was not present at the time that the parties married. When an annulment is granted, it dissolves a marriage and treats it as if it had never occurred. Some reasons for annulment include bigamy, marriage under the age of consent, marriage by force, marriage based on fraud, marriage without disclosing sexual impotency. In order to file a divorce in Wisconsin, you must demonstrate that Wisconsin has jurisdiction. There is a residency requirement that one spouse must have been lived in Wisconsin for at least six months immediately prior to the divorce filing. The divorce may be filed in any county where one spouse has lived for at least 30 days. The way a divorce is commenced and how long it takes may depend on the process that you choose. Not all divorce issues must be resolved in a court room battle. The simplest divorce is one that is resolved by an agreement of the parties. Once an agreement is reached, it can be taken to a lawyer to draft up all the necessary divorce papers. This process will obviously save each of the parties significant time, money and emotional turmoil. However, in most cases, the parties will need help in reaching agreements. In such cases, the parties may try mediation to resolve their issues. Although mediation may occur before a dissolution proceeding is commenced., where there are unresolved issues, it is also likely to be required by the Court after divorce papers are filed. Click on the hyper link for information on the benefits of the Mediation Process. Often, the divorce process turns spouses into bitter adversaries requiring them to argue and fight about issues. This is generally not a pleasant process. It can be time consuming, emotionally draining and expensive. For that reason, an alternative has been developed which provides each spouse with legal advice and treats the parties to a divorce like team members allowing them to discuss and resolve their issues in creative ways. Often, this process leads to better, lasting solutions, reduces costs and speed up the process. Click on the link for more information on Collaborative Law - Divorce Without War. How To Start & How Long Does It Take To commence a divorce in the Court system, two documents must be filed with the Clerk of Court in your county along with a filing fee and served on the other party. The documents include the following:
The person filing the documents is referred to as the “petitioner.” The other spouse is referred to as the “respondent.” There are few advantages or disadvantages to being the first one to file. The only real advantage is being able to choose the county where the action is filed if the parties live in different counties. Pursuant to Wisconsin statutes, except for certain emergencies, a final hearing
cannot be held for a minimum of 120 days. However, the divorce process
may, in fact last much longer depending on the complexities of the case.
Divorces are concluded mist rapidly when the parties are able to agree upon the
issues related to debt and property division, child support, and spousal maintenance. Since the divorce process may span many months, either party may schedule a temporary hearing in order to resolve urgent issues on a temporary basis such as the issue of temporary custody, physical placement, child support, spousal maintenance, and payment of debt. Such temporary orders remain in effect until the divorce is finalized. Temporary orders may be reviewed during the process if there is a change in circumstance. To commence a temporary hearing the following documents must be served and filed:
Child custody is one of the most contentious issues in a divorce proceeding. It is important to remember that there are two kinds of custody
Where custody and placement disputes exist, the parties may be ordered to participate in mediation. If mediation fails, the Court appoints a Guardian Ad Litem to represent the interest of the children and to make recommendations related to custody and physical placement. The Court may also require a custody evaluation performed by court services. Guardian Ad Litem & Custody Evaluations If custody cannot be resolved in mediation, then the court must proceed with a custody determination. To facilitate the process and evaluate the allegations of each of the parties, the court will appointment a guardian ad litem to represent the interests of the children. The Guardian Ad Litem operates, to an extent, as a legal counsel for the children and is charged with seeing to their best interest in the legal proceeding. The Court may also require a custody evaluation performed by the county social service agency. As part of a “Custody Evaluation” an evaluator meets with the parties and evaluates the custody issues based on the factors for determining custody that are spelled out by Wisconsin Statutes. Once the custody evaluation is complete the evaluator submits a report to the Court which will recommend a custody and visitation schedule that the evaluator believes is in the child’s best interests. This report is a critical element of your case. Although custody studies may be challenged in court, many Judge’s defer to the recommendations of the evaluator because, unlike the parties, they are deemed to be an independent witness without any personal Interest in the outcome. As a result how you relate your case to the evaluator is very important. To learn more about custody evaluations, Click
Here. In Wisconsin, child support is based on a percentage of the gross (pre-tax) income of the parent without primary physical placement. The percentages applied are as follows: 17 percent for one child; 25 percent for two children; 29 percent for three children; 31 percent for four children; and 34 percent for five or more children. These percentages form a presumption that may be rebutted. This means that the Court will generally follow the guidelines unless it makes specific findings that the guidelines should not apply because they are overly burdensome and unfair in a particular case. As previously stated, there is a presumption that each parent's time with the children should be maximized. Often this equates to joint physical placement. If a Court awards joint physical placement, that is the children live about equally with each parent, child support is usually reduced to reflect the shared placement time. The court may also require each parent to pay child care costs as additional child support in proportion to the number of days each parent has the child in his or her care. Child care costs may encompass many thins including food, school expenses, sports activities, clothing and day care. After child support has been set, it may always be modified if there is a change in circumstance. Since child support is based on a percentage of gross income, it may be reduced if income decreases or increased if income rises. This does not occur automatically, however, and must be commenced by filing a motion with an affidavit supporting the modification request. If there is a change in circumstance (increased or decreased earnings), you must act quickly. Remember child support cannot be forgiven except from the day that you file your motion for a change in child support. Make sure that you provide the Court with documents demonstrating the increased or decreased earnings such as paystubs, tax returns or with other important evidence. Child support ends at age 18 if your child is out of high school. If your
child is over 18 but still in high school, child support can continue to age 19. Either spouse may
be ordered to pay alimony, without regard to marital fault, if it finds that the
spouse seeking maintenance: (a) lacks sufficient property, including marital
property apportioned to the spouse, to provide for reasonable needs of the
spouse considering the standard of living established during the marriage,
especially, but not limited to, a period of training or education, or (b) is
unable to provide adequate self-support, after considering the standard of
living established during the marriage and all relevant circumstances, through
appropriate employment, or is the custodian of a child whose condition or
circumstances make it appropriate that the custodian not be required to seek
employment outside the home.
If the Court determines spousal maintenance
(alimony) is appropriate, it must determine the length of time and amount by
considering all relevant factors which may include: Often in ordering
spousal maintenance, Courts use as their starting point an equalization of
incomes approach. This means that the courts will add up the incomes of
both parties and divide that figure down the middle. Remember, this is only a
starting point and there are many variables that may result in a deviation from
this result. Wisconsin is a marital property state. This
means that under the law there is a presumption that any assets acquired during
the marriage should be divided equally. The valuation date for the
marital assets is the day of the final hearing unless a different date is agreed upon by the parties, or unless the
court finds that another date of valuation is fair and equitable.
"Nonmarital property" means property real or personal, acquired by
either spouse before, during, or after the existence of their marriage, which
(a) is acquired as a gift, bequest, devise or inheritance made by a third party
to one but not to the other spouse; (b) is acquired before the marriage.
Pensions, retirement plans, 401K and other deferred compensation is marital so
long as it was acquired during the marriage. The Court has the power in a
divorce to appoint a qualified person experienced in the valuation of pension
benefits and rights to function as an expert witness in valuing pension benefits
or rights.
If the parties cannot reach a comprehensive agreement, a trial will be held on
all or some of the issues and the court will make findings of fact and
conclusions of law based upon the evidence presented and according to applicable
statutory and case law.
Once a divorce is granted, neither party may remarry during the first six months
following the granting of the divorce, and the parties may ask the court to
vacate the divorce decree within this initial six month period.
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