PROPERTY DIVISION

MAXIMIZING THE RETURN FROM YOUR INVESTMENT IN THE MARRIAGE

 

COMMUNITY PROPERTY AND YOUR MARITAL ESTATE

An “amicable divorce” is one in which both parties agree to work together to resolve their issues reasonably and equitably. If there are children, parties to an amicable divorce are more likely to place their children’s best interests ahead of their own. As with all divorcing parties, there will be disagreements along the way. The difference is amicable couples will look for ways to resolve their disputes without inflaming their situation, often turning to a professional divorce mediator for guidance. Divorce PRO Wisconsin is ahead of the curve in Divorce Mediation, offering full-service, FILING TO FINAL HEARING assistance in most cases. Our experienced divorce mediators will keep your “amicable divorce” amicable.

What are the Key Issues in an Amicable Divorce?

In Wisconsin, the Family Court will not grant a judgment of divorce until you have fully disclosed to each other all of your income, assets, debts, and liabilities, and the Court will not approve any settlement that fails to address all of the following issues fairly and equitably:

  • The amount and duration of spousal support, also known as maintenance or alimony.
  • The division of all marital and non-marital assets, including but not limited to personal property, household items, automobiles, life insurance, business interests, retirement accounts, and deposit accounts.
  • The division of interests in real estate.
  • The reallocation of responsibility for payment toward marital debts and joint liabilities.
  • If you have minor children, the legal custody rights of the parents; the allocation of physical placement; the amount of child support; and the allocation of responsibility for health insurance coverage and the payment of uninsured medical/dental expenses.

Divorce PRO Wisconsin offers easy and cost-effective solutions for pro se parties seeking an amicable divorce. Tell us what you need and let our pro se divorce advocates help you help yourself.

PROPERTY DIVISION

MAXIMIZING THE RETURN ON YOUR INVESTMENT IN THE MARRIAGE


COMMUNITY PROPERTY AND YOUR MARITAL ESTATE

In Wisconsin, the term “custody” is often misunderstood to mean the parent with whom the child is living after the divorce, when in fact the term is short for “legal custody” - the right to make major decisions affecting the child, such as choice of school system, doctors, and the like. The phrases “physical placement” and “visitation” are used to describe the living arrangements for the child, starting with the amount of time the child resides with each parent. Most cases open with the presumption that shared legal custody and shared physical placement are in best interest of the child; that is, having both parents work together to ensure the safety and well-being of their child.
Divorce PRO Wisconsin has the legal resources to help make that happen.

How do Courts decide Child Custody and Placement?

If the parties cannot agree, the Court will decide custody and placement for them after considering the facts of their situation and the best interest of the child. In some cases, the Court is guided by the recommendation of a Guardian ad Litem (GAL), an attorney appointed to represent the child’s interests at trial. In doing so, the Court is required to weigh a variety of statutory factors aimed at maximizing each parent’s role in the child’s life moving forward, as follows:
  • The wishes of the parents as evidenced by an agreement, a parenting plan, or a proposal.
  • The wishes of the child as communicated by the child through a GAL or other appropriate professional.
  • The relationship between parent and child, child and sibling, and/or child and other persons of significance.
  • The participation of each parent in the upbringing of the child to that point.
  • The child's ability to adjust to a new home, school, and community.
  • The child's age, along with the child's developmental and educational needs.
  • Click to review each of the 16 factors outlined in sec. 767.41(5)(am) of the Wisconsin Statutes.
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Divorce PRO is a client-first mediation services provider, promoting affordable alternatives to traditional retainer-first legal representation. We are divorce done right, offering guidance and straight answers to pro se parties unable to find the help they need at a reasonable cost. Our team of pro se divorce advocates and divorce mediators, many of whom are former family law attorneys, work here in Wisconsin. We have helped hundreds of clients save thousands in lawyer fees, and we are ready to help you help yourself.

 

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