Getting divorced is rarely easy. Even when the financial and legal parts of a divorce are straightforward, it can be an emotionally trying process for a variety of reasons. Every divorce is as unique as the couple working through it and when an individual is not careful about knowing his or her rights and asserting him- or herself, he or she can potentially lose out on property and time with his or her children. If you have filed for divorce or if you are considering filing for divorce in the near future, be your own advocate by working with an experienced family law attorney in New London, WI.
Every state sets specific rules for divorcing couples. Wisconsin is no different. In Wisconsin, the following requirements apply to all divorces:
A divorce settlement is comprised of at least one, and possibly all four, of the following components:
As noted above, Wisconsin couples’ martial estates are divided according to the doctrine of community property. This means that in most cases, the property is distributed between the spouses equally. When a couple agrees on a way to divide their assets between them before filing for divorce, this is a simple, straightforward process. When there is conflict surrounding their property division, it can be drawn-out and complex.
In some divorces, one of the spouses seeks spousal maintenance from the other. Spousal maintenance, formerly known as alimony, exists to protect the lesser earning spouse from financial hardship following a divorce. Although spousal maintenance is sometimes paid until either spouse dies or the recipient remarries, it is far more common today for spousal maintenance to be paid for a limited period of time following the couple’s divorce. This amount of time is the period the court deems appropriate for the recipient to prepare to enter the workforce, after which he or she will ideally be self-sufficient.
If the couple has minor children, child support and child custody are part of their divorce order as well. A child support order requires one parent to make recurring payments to the other to help cover the costs of raising their child. The amount a parent is required to pay is determined according to a specific formula.
A child custody order is the order that states each parent’s responsibilities and rights regarding the children after their divorce. It is comprised of two components:
Parents may have joint or sole custody in either or both categories, as determined by the court. The court determines an appropriate breakdown of both types of custody based on a set of factors about the family. These factors include, but are not limited to:
The court has the discretion to determine how heavily each factor weighs in its decision.
Your divorce lawyer is your advocate. In this position, he or she is tasked with advising you through each step of the divorce process and helping you pursue your divorce goals. Additionally, he or she works to ensure that your rights are protected through every step of your divorce.
A few specific ways divorce lawyers serve their clients include:
You should feel comfortable discussing anything related to your divorce with your lawyer. It can take time to find a divorce lawyer you feel comfortable working with, but it is always worth your time to search for the ideal lawyer instead of just choosing the first one you meet.
The most effective way to understand the divorce process as it relates to you and your case is to sit down and discuss it in detail with an experienced divorce lawyer. Get started on your divorce now by scheduling your initial legal consultation with a member of our team at Hammett, Bellin & Oswald, LLC.