Caring Legal Counsel For Positive Divorce Solutions In Wisconsin
Divorce is never easy, but when you work with Crothers Law, S.C., we strive to make the process as painless as possible. Having served the southeastern Wisconsin community for more than 15 years, we understand how to facilitate divorces as amicably, quickly and cost-effectively as possible.
As a family-run law firm, we prioritize the well-being of you and your children as we help you work toward solutions in your divorce. You can place your trust in us to treat you with compassion, patience and respect during such a difficult time.
Exploring The Method That Is Best For You
Navigating divorce is unique to every couple. While some couples file jointly, others may file as sole petitioners. A dedicated Waukesha County family law attorney can help safeguard your rights and interests.
When you hire us for your case, we will discuss all your legal options and help you determine which method is best for you, including:
- Uncontested divorce: If you and your partner agree on all key issues of your divorce, you can work on a settlement agreement that can provide you with a quick, uncontested divorce.
- Mediation: You and your partner can sit down with a neutral mediator to work toward mutually satisfactory compromises in mediation.
- Litigation: A traditional divorce involves going before a judge and receiving a verdict that is final.
We find that it is usually not helpful to take a combative stance, especially when children are involved. Maintaining peace is an important goal that we try to prioritize. However, our lawyer also understands that some divorce cases necessitate a more aggressive stance. As a trial-tested litigator, we have the strength and skill to advocate for you in litigation, if necessary.
Wisconsin Divorce: Residency Requirements And Timeline
Wisconsin is a no-fault state, which means you do not need to show proof of your spouse’s wrongdoing to file for divorce. The only legal ground you must mention on your paperwork is that your marriage is “irretrievably broken” or damaged beyond repair.
However, it is important to note that one of you must have lived in the state for at least six continuous months and at least 30 days in the county where you plan to file your petition. After you submit your paperwork and serve your spouse with a copy of the divorce papers, there will be a mandatory waiting period of 120 days before the court can proceed with your final hearing.
While your case is pending, you can ask the court for temporary orders that may cover custody and placement for your children, child support and spousal maintenance. These measures can ensure that your children can live in a stable environment while you are processing your divorce.
Division Of Marital Assets And Debts
Wisconsin’s property division process is guided by community property laws. Under this principle, assets and debts acquired during the marriage belong to both of you, regardless of whose name appears on the property’s title. However, a judge has the authority to adjust the 50/50 split after assessing various key factors about your marriage and individual circumstances, including:
- Length of marriage
- Age and health
- Earning capacity (current and future)
- Nonmonetary contributions
- Any valid marital agreements
Your respective inheritances, personal injury awards and gifts toward each other will generally be excluded from property division, with some exceptions such as commingling of property. For example, you used your inheritance funds to improve your family home. Since you mixed your nonmarital asset with a marital asset, this specific asset may turn into community property.
Schedule A Free Initial Consultation With Our Firm Today
You do not have to approach the divorce process on your own. Crothers Law, S.C., is the caring, experienced team to guide you through it. To book a free initial consultation with us today, contact our family law firm at 414-348-8302 or send us an email. We serve families across Waukesha County, Dodge County, Jefferson County, Walworth County and surrounding communities.