In the state of Wisconsin, by statute, 120 days must pass from the date of filing until the Courts are authorized to finalize a divorce. These 120 days are often considered as the “cooling-off period” in the divorce. If parties have a change of heart, either one may request to postpone proceedings to allow for reconciliation. This puts the Court on notice that no further hearings are needed to allow the parties to attend couple’s therapy or resolve their…
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Wisconsin is one of several states that does not require the claim of wrongdoing to petition the Court for a divorce. Come your final divorce hearing, the court need only establish that both you and your partner agree that the marriage is “irretrievably broken.”

At the onset of filing, the Courts do not view the petitioning party differently than the responding party. By being a no-fault state, no stigma exists for individuals who wish to initiate the divorce. Therefore,…
Continue Reading The Implications of being a “No-Fault State.”

The divorce process can be a contested litigation battle, but that does not need to be the case. To help you (and your ex-partner) maintain reasonable expectations for each other throughout the divorce, here are some potentially beneficial pointers for what is to come:

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If the Court decides that it is going to impute a party with income, it will next need to decide what income to use. If a party is not working enough hours, imputing income is somewhat simple. The Court will likely use the existing hourly rate and multiply it by the number of hours the party should be working.
If a party is unemployed, or under employed, it is more complicated to determine what their income should be. The…
Continue Reading Imputing Income and Vocational Evaluations

We recently discussed what it means for the Court to impute you with income. We explained that without a good reason, if you are unemployed, or under employed, the Court can assess you with a higher income than you actually have when doing its support calculations. If you are at risk of being imputed with income, you might be wondering, what does the Court usually consider a good reason for under or unemployment?
To begin, the Court will consider…
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During child support and maintenance determinations, the Court will assess parties’ incomes. Not only will the Court look at the numbers, but in some cases, the circumstances surrounding one’s employment will be relevant. If historically you have made a lot of money, and intentionally decrease your income to avoid paying support, you are likely going to run into problems. If you have an advanced degree but choose to work a minimum wage job, you similarly may have some problems.
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Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you?

Upon the filing for a divorce, there are various assets with unknown values to be had between the two of you.

As lawyers, we are only licensed to advise you through your divorce in consideration of the benefits and risks of your position for divorce subject to Wisconsin law. There are various professionals who we advise clients to refer to when assessing the value of the marital home,…
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Whether it be the family cat, dog, farm animal or some other fur baby, in the face of a divorce, it is currently impossible to duplicate and divide one animal to have an “equal” division of property.

In the eyes of the courts, they are essentially deemed in the same respect as any other miscellaneous piece of furniture (sadly) and are therefore subject to Wisconsin’s marital property laws. Ideally, there is no dispute over the pet animals, and one…
Continue Reading How will my pet be handled in divorce?

Maintenance, which you may know as spousal support or alimony, is governed by Wisconsin Statute 767.56. Though maintenance awards are determined by a number of statutory factors, judges have quite a lot of discretion in determining whether to award maintenance at all, and if so, how much. The first factor is the length of marriage. The longer the marriage is, the more likely that maintenance is warranted. Generally, a marriage that only lasts a couple, or even 5 years,…
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There are a couple notable differences between the two, though procedurally, the
process of obtaining each is almost identical. Most notably, couples who get a legal
separation, rather than a divorce, are not divorced! Still, through the legal separation
process, assets and debts will be divided, and an order regarding ongoing finances will
be made. If the couple has children, there will also be orders made about custody,
placement, and child support. So, in a lot of ways a…
Continue Reading What is the difference between a legal separation and a divorce?

Do you have an upcoming initial hearing in your family law case? If so, you are likely
tasked with completing either a Financial Disclosure Statement (“FDS”) or an Income
and Expense Form (“I/E Form”).
The purpose of these court forms is to provide a snapshot of your financial
circumstances. By listing your monthly income, expenses, debts, assets, and supporting
documents regarding your proof of income, then the Court has the information
necessary information not make financial Orders (i.e. maintenance…
Continue Reading Financial Forms 101

In a lot of relationships, one party handles financial matters more than the other. This
might mean that one spouse files the taxes, pays the bills, decides what investments to
make, and so on. Perhaps this person is more financially savvy, this helps with an equal
division of labor, or this is just how it has always been. Regardless of the reason, we
have many clients who find themselves proceeding with divorce with very little
information on what their…
Continue Reading Dealing with Unknown Finances