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Divorce

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Divorce Attorneys│Appleton WI │Sheboygan WI │ Green Bay WI

A divorce is where parties are in disagreement on one or more legal issue such as asset division, child custody, maintenance (alimony), etc.  Knowing what to file and when is key to getting more of what you want out of your divorce settlement. When you and your spouse cannot agree on property division, custody, placement and or support it is crucial to have an marriage rrexperienced team that knows what to file and when to get you results.

There is nothing worse than missing out because all the details were not known or something was filed incorrectly. We thoroughly understand the divorce process and no matter what situation you are faced with, we will attempt to finalize your divorce as quickly and effectively as possible. In these cases, parties work with an attorney to work out disagreements through negotiation or mediation. If an agreement cannot be reached, the case proceeds to court where a family law judge will make a final determination.

Divorce ends a marriage. The court rules on such issues as the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. There is a 120day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

Spouses do not have to give reasons for wanting a divorce. Wisconsin is a “no fault” divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that he or she believes that  the  marriage  is  irretrievably  broken.  A  marriage  is  irretrievably  broken  when  there  is  no  chance  for reconciliation.

§767.315 Grounds for divorce.

(1)  Irretrievable breakdown.

(a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.

(b) If the parties to a legal separation or divorce action have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and proceed as follows:

1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.

2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court’s calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.

(2) Breakdown of marital relationship. If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marital relationship is broken, the court, after hearing, shall make a finding that the marital relationship is broken for purposes of s. 767.35 (1) (b) 2.

For a Basic Guide to a Wisconsin Divorce click here.
For access to basic Wisconsin Divorce form click here.

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