Divorce Can Be The Start Of A New Life
Maintaining a good quality of life is important after a divorce. You must not only divide marital assets equitably with your spouse, but you must also protect your financial best interests. This fine balance is critical as you rebuild your life and start anew.
I am attorney Stephen J. Fozard. Standing up for you in a divorce and helping you move forward is what I do at Fozard Law Office LLC. Many spouses hesitate to file for divorce, but it can improve your quality of life significantly. Though it can be difficult to picture a new way of living, I can help you take the steps to start a fresh chapter.
Divorce In Wisconsin: What To Know
In Wisconsin, couples have the option of filing for divorce jointly. If you or your spouse does not want a divorce, you may need to file separately. Once you file the paperwork, the formal process for divorce can begin. Some situations necessitate a hearing where the court will establish temporary solutions for spousal support, child support and child custody. From there, you and I can work with your spouse and their attorney to equitably divide marital property and come up with parenting schedules.
Working Together To Prioritize Your Children
Relationships always change after a divorce, but this does not always have to be negative. Developing a bond with your ex as you co-parent your children can be rewarding, particularly if you work together to shield your children from trauma.
I have facilitated communications between parents in my family law cases. In all possible instances, I prefer to handle custody issues cooperatively. Granted, I understand that some custody disputes necessitate litigation to secure an arrangement in the best interests of your kids.
Frequently Asked Divorce Questions
At my law office, I understand that couples heading toward divorce often have many questions about their rights, the legal process and more. I always focus on providing information and insights for all of my clients, so here are the answers to a few of the questions I see most often:
How long does it take to get divorced in Wisconsin?
Wisconsin has a waiting period of 120 days for divorce cases. This means the final order cannot be issued for a minimum of 120 days after the divorce petition is filed. Generally, a divorce case will take anywhere from six to 12 months, though it depends on the specifics of the case. Contested, or litigated, divorces typically take longer than uncontested divorces.
What are the residency requirements for filing for divorce in Wisconsin?
To file for divorce, you must have lived in your county in Wisconsin for at least 30 days. Additionally, you must have lived within the state for six months.
How is property divided in a Wisconsin divorce?
Because Wisconsin uses community property laws, the goal is a 50/50 split between spouses. Each one has an equal claim to the marital assets. This is different from other states, where equitable division laws mean that property may be split up “fairly,” though not evenly. Wisconsin law says that things need to be equal.
It’s also important to note that only marital assets are subject to property division. Separate assets could include direct gifts, an inheritance or assets that either person brought to the marriage.
What factors does the court consider when determining child custody and visitation rights?
The court typically considers the child’s best interests. Often, this means sharing custody between both parents. However, the court will consider a variety of factors to determine what is in the child’s best interests. These may include parental relationships, living situations, the parents’ health, the child’s preferences, where the child goes to school and much more.
Is it possible to get a divorce without going to court in Wisconsin?
You may be able to use an uncontested divorce, which means you and your spouse agree on issues like how assets or child custody should be divided. The court still has to approve the agreement, but you don’t have to get a court order telling you how to proceed.
Seek Guidance For Your New Chapter In Life
Contact me at Fozard Law Office LLC for empathetic, strong service in divorce law. You can reach out to me at my office when you are ready to discuss your legal options. To contact me for an initial consultation, please call 920-880-1180 or send me an email.