Milwaukee County divorce representation you deserve
Going through a divorce can be complicated, but an experienced Milwaukee divorce lawyer can ensure that the process goes as smoothly as possible. Whether you are in the early stages of considering a divorce and have questions, or you are prepared to file for divorce and need legal assistance, one of our experienced Milwaukee divorce attorneys can help. We serve clients in a wide range of divorce matters, and we can speak with you today about your case.
Types of Divorce Issues We Handle in Milwaukee
At Karp & Iancu, S.C., our Milwaukee divorce lawyers represent clients in many different types of legal issues under Wisconsin law that can arise during a divorce or after a divorce has been finalized. We know how critical it is to have experienced counsel on your side, and our firm is here to assist you. The following are common types of divorce legal matters that we handle:
Our divorce lawyers in Milwaukee know that it is essential to tailor a divorce strategy to the needs of a particular case. While families and married couples often face many of the same types of legal issues when they are going through a divorce, it is important to focus on the particular facts of the marriage and family circumstances, as well.
Eligibility for a Milwaukee Divorce
What are the requirements to be eligible to file for a divorce in Milwaukee and to have the divorce granted? Wisconsin law requires that one of the spouses must have been a resident of Wisconsin for six months or longer prior to filing the petition for divorce. In addition, one of the spouses must have been a resident of the county where the petition for divorce is filed for at least 30 days prior to the date of filing.
Beyond the timing and residency requirements, it is also important to know that Wisconsin is a no-fault state for divorce purposes. What this means is that neither party will plead grounds for divorce when seeking to end the marriage. Instead, as a no-fault divorce state, the court only must find that the marriage is “irretrievably broken.” When the spouses live separate and apart for at least one year, there is a presumption that the marriage is irretrievably broken and that the divorce can be granted.
Contested Versus Uncontested Divorce in Milwaukee
Divorces in Wisconsin, as in other states, can be either uncontested or contested divorces. An uncontested divorce is a case in which the spouses have been able to reach an agreement about all matters pertaining to the dissolution of their marriage. For all married couples, this means an agreement about property division, spousal maintenance or alimony, and related matters. When there are minor children from the marriage, an uncontested divorce must also include an agreement about child custody, child support and child relocation. A contested divorce is one in which the parties have failed to reach an agreement on one or more issues, and the judge must decide.
While some states allow uncontested divorces to be granted on a faster timeline than contested divorces, the law does not have a fast-track option for uncontested divorces. However, an uncontested divorce can still occur more quickly and cost-efficiently since the parties can file a joint petition for divorce. To better understand what would be best for you, contact our experienced Milwaukee divorce lawyers today.
Milwaukee Property Division and Community Property
In every Milwaukee divorce, property must be divided between the spouses. Wisconsin is one of only nine “community property” states in the country. The remaining states are known as “equitable distribution” states. What is the difference? Generally speaking, in community property states, all assets and debts from the marriage, known as community property, are divided equally between the spouses in a divorce, while equitable distribution states require that all marital property be divided in a fair or equitable manner between the parties based on their particular circumstances.
Generally speaking, anyone who is getting divorced in Milwaukee should anticipate that all assets and debts acquired after the date of the marriage will be classified as community property and will be divided equally between the parties. There are some exceptions. Assets acquired through a third-party gift during the marriage, or through an inheritance, will typically be considered the separate property of the spouse and will not be divided.
Depending upon the specific facts of the case, however, a Wisconsin court can decide to divide community property in a manner that is not equal if there are circumstances that necessitate an unequal division. In some cases, even a third-party gift or inheritance may be subject to division if the party seeking to have that asset divided can prove that a hardship would exist if the property is not divided. Because there are a lot of things that can determine how property is divided, it is important to speak with a Milwaukee divorce lawyer to understand your rights and protect your assets.
Child Custody and Support in Milwaukee
When there are minor children from a marriage, a divorce case must also involve child custody and child support determinations. Child custody includes both custody and physical placement of the child, which must be decided based on the “best interests of the child” according to Wisconsin law. Child support is determined by an existing formula based on income and the number of children requiring support. Basic support costs under Wisconsin law include “food, shelter, clothing, transportation, personal care, and incidental recreational costs.”
When you partner with a divorce attorney at Karp & Iancu, you get:
