When it comes to ending a marriage, Wisconsin operates under a "no-fault" divorce system. This means that it is unnecessary for either party to prove fault or place blame on the other for the dissolution of the marriage. The sole requirement for a divorce in Wisconsin is that the marriage is considered "irretrievably broken."
Establishing Irretrievable Breakdown in Wisconsin
An irretrievable breakdown of a marriage can be established in two ways within the state of Wisconsin:
- Mutual agreement of both parties: Both individuals involved in the marriage can come to a consensus that the marriage is indeed irretrievably broken.
- One party claiming irretrievable breakdown: If only one party makes the claim that the marriage is irretrievably broken, they must provide supporting evidence to substantiate their claim.
Evidence of an irretrievable breakdown may include:
- Living separately for a specified period (typically for a minimum of 12 months).
- Displaying irreconcilable differences that cannot be resolved through counseling or alternative methods.
Understanding the Divorce Process in Wisconsin
To initiate the divorce process in Wisconsin, one party must file a petition for divorce with the court. Subsequently, the other party involved will have the opportunity to respond to the initial petition. If both parties agree that the marriage is indeed irretrievably broken, the court will subsequently grant the divorce. Conversely, if one party contests the divorce, a hearing may be scheduled to determine the validity of the claim that the marriage is irretrievably broken.
Property Division in Wisconsin
In Wisconsin, the state follows the principle of community property. This entails that any assets, as well as debts, acquired during the duration of the marriage are classified as community property, subject to division between the parties involved in the divorce. However, equal division of property is not a strict requirement. During property division proceedings, the court will consider a multitude of factors, such as:
- Duration of the marriage
- Age and overall health of each party
- Earning potential of each party
- Contributions made by each party to the marriage (both financial and non-financial in nature)
- Preexisting agreements made by the parties prior to initiating divorce proceedings
Child Custody and Support in Wisconsin
When child custody and support matters arise in Wisconsin, it is of utmost importance for the court to prioritize the best interests of the child involved. Numerous factors are taken into account during this decision-making process, including:
- The child’s own preferences (considered if the child is old enough to express them)
- The existing relationship between the child and each parent
- The capability of each parent to provide for the child’s emotional and physical needs
- The child’s adjustment to their home, school, and community
Both parents are generally expected to contribute financially to the well-being of their child. The exact amount of child support may be determined either by the court or through mutual agreement between the parties involved.
Spousal Support in Wisconsin
Spousal support, also referred to as alimony or maintenance, is a potential aspect of divorce proceedings in Wisconsin. Its purpose is to provide financial assistance to the party involved who may not be able to support themselves at the same level as during the course of the marriage. The duration and amount of spousal support depend on various factors, such as:
- The length of the marriage
- The educational background and potential earning capacity of each party
- Contributions made by each party throughout the marriage
- The existence of any prenuptial or postnuptial agreements
Conclusion
In Wisconsin, a divorce can be granted when it is determined that the marriage is irretrievably broken. The division of property, child custody and support matters, as well as spousal support, will be handled fairly, taking into account various factors. Should you find yourself contemplating divorce or have received divorce documents, it is strongly recommended to seek legal counsel. An experienced attorney can facilitate your navigation through the divorce process while safeguarding your rights.