FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE/FAMILY LAW CASES
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
What are the grounds for divorce in Wisconsin?
Wisconsin law requires a finding that the marriage is "irretrievably broken." Generally speaking this means that there isn’t a reasonable prospect of reconciliation. A Court is likely to find that a marriage is irretrievably broken if at least one of you wants a divorce. As a practical matter, this means a divorce is likely to move forward if one spouse wants a divorce, even if the other spouse wants to stay married. In Wisconsin, it is not necessary to establish that your spouse did something wrong, such as infidelity or abuse, in order to obtain a divorce.
What are the residency requirements for filing for divorce in Wisconsin?
Wisconsin law provides that in order to legally file for divorce here, at least one party must be a Wisconsin resident for at least six months prior to filing, and a resident of the county in which the divorce is filed for at least 30 days before filing. If one of the spouses does not live in Wisconsin, there may be a question as to whether the Court has personal jurisdiction, which should be discussed with an attorney before proceeding.
My spouse and I haven’t been married very long. Can I have the marriage annulled?
Although Wisconsin does recognize annulments in some limited situations (such as a marriage induced by force, duress, or fraud, a spouse not old enough to give consent, etc.), a very short marriage is not by itself sufficient to obtain an annulment. You should consult an attorney to determine whether an annulment is an option.
My spouse and I can’t agree on responsibility for bill payments or when we will have placement of the children while the divorce is pending. How can this be resolved?
At the outset of a divorce case, or at some later point if the need arises, either spouse can file a motion for a temporary order if the parties can’t agree on issues like payment of bills and placement of the children while the divorce is pending. The Court will schedule a hearing (often in front of a court commissioner) and each side will have the opportunity to put on evidence and present argument as to the issues. The Court will then issue an order which will control those matters until the final hearing of the divorce.
How long will it take for my divorce to become final?
Under Wisconsin law, there is a minimum waiting period of 120 days (sometimes referred to as the "cooling off period") after the petition for divorce is served on the other spouse before a final judgment of divorce can be entered.
Can I find out if my spouse has been hiding assets or spending money without my knowledge?
During the divorce process, each spouse is required to fill out and exchange with the other spouse a financial disclosure statement. This statement, which is signed under oath, requires each spouse to identify all of their income, assets, liabilities, and other financial matters. An attorney can assist in conducting discovery (such as the taking of depositions and serving subpoenas to obtain documents) to locate assets and information which are not voluntarily disclosed by your spouse.
How does the Court decide how our property will be divided?
Wisconsin courts presume that all property except property acquired by gift (other than from the other spouse) or by reason of the death of another (such as life insurance proceeds or an inheritance) is to be divided equally between the parties. However, courts may alter that presumption based on factors such as: the length of the marriage; the property brought into the marriage; any assets belonging to one party and not subject to division by the Court; the contribution of each party to the marriage; the age and health of the parties; the contribution of one party to the education, training, or increased earning capacity of the other party; the earning capacity of each party and the time and expense necessary to become self-supporting; each party’s custodial responsibilities for children; the desirability of awarding the family home to the party with primary placement of children; the amount and duration of any maintenance order; other economic circumstances such as pension benefits; the tax consequences to each party; a written agreement made by the parties; and such other factors as the Court may deem relevant. If the parties are unable to reach an agreement as to how the assets and debts will be divided, then the Court will decide.
Almost all of our money is invested in the house and our retirement accounts. Will that be a problem in dividing the property?
Many people face the same situation and that will not prevent a divorce from moving forward. An attorney can assist with fairly dividing these assets. For example, a Qualified Domestic Relations Order ("QDRO") is a frequently used mechanism to divide or transfer retirement accounts between spouses.
Is there a difference between "child custody" and "child placement"?
These terms are often confused. In Wisconsin, "child custody" refers to the right to make important decisions about your child’s well-being, such as medical decisions, choice of religion, choice of school, etc. In most cases, the parents will be awarded "joint custody," meaning they will both participate in those decisions. "Child placement" refers to the period of time each parent will have with the child. In some cases, the placement will be split close to 50-50, which is often referred to as "shared placement." In other cases, one parent will have the children for a more significant amount of time, referred to as "primary placement." In those cases, the other parent will usually be awarded periodic placement.
What happens if my spouse and I can’t agree on a placement schedule for our children?
The Court will decide. If you have attempted to work out a child placement schedule with your spouse but are unable to reach an agreement, the Court will typically order that a child custody evaluation be performed. This will entail an investigation by trained staff as to existing conditions in each parent’s home, ultimately resulting in a recommendation to the Court on a placement schedule. The Court may also appoint a guardian ad litem, who is an attorney specifically appointed to advocate for the best interests of the children. Responsibility for the guardian ad litem fees is often split between the parents.
How much child support will I receive or owe my spouse after the divorce?
There are legal standards courts apply to determine the amount of child support a parent will pay. The main factors will be the amount of time the child is placed with each parent, the respective incomes of each parent, the individual needs of the child, and the number of children in the family.
My spouse has more employment experience and earns a much higher income than me. Am I eligible to receive alimony?
In cases where there is a disparity in income or earning capacities between the spouses, the Court may award "maintenance" (also known as alimony) to equalize the standard of living between the spouses for some period of time. The longer the marriage, the stronger the argument a spouse will have for maintenance. In some cases, a spouse may agree to a reduced share of the property distribution in exchange for a waiver of maintenance from the other spouse.
If I file for divorce, will we have to go through a contested divorce trial?
Not necessarily. The majority of cases result in the parties reaching a Marital Settlement Agreement, which is incorporated into a judgment of divorce and which reflects an agreement on all the issues between the parties. If the agreement is fair and both spouses approve it, the Court will in most cases approve it. For uncontested divorces where a Marital Settlement Agreement is reached, the final hearing will usually take a half hour or less.
My spouse and I are thinking of reconciling but we’ve already filed for divorce. Do we have to move forward with the divorce?
No, as long as both spouses want to reconcile. Wisconsin courts may suspend all orders and divorce proceedings for parties who want to explore reconciliation. The divorce case will be dismissed before a judgment of divorce is granted, if both parties agree to dismissal.
Can I use my maiden name again after the divorce?
Yes; you can request the Court restore your prior name as part of the divorce proceedings. However, you will still need to follow up after the divorce is entered with the DMV, Social Security Administration, your bank, etc. to get the name change applied for your daily activities.
When does the divorce become "final"?
At the conclusion of the final hearing (which will either be uncontested if the parties entered into a Marital Settlement Agreement, or contested if the parties were unable to resolve all their disputes), the Court will enter a judgment of divorce. The judgment will incorporate the Marital Settlement Agreement or the findings of fact made at trial. The judgment will control matters such as property distribution, child support, child custody and placement, etc.
If I disagree with the judge’s ruling, can I get the ruling overturned?
A party who disagrees with the Court’s final rulings in a judgment of divorce can file an appeal with the Wisconsin Court of Appeals. Depending on the issues and circumstances, however, it may be difficult to have the judge’s decision reversed. Having a qualified attorney represent you throughout the divorce proceedings may reduce the likelihood you would need to appeal a decision.
OTHER FAMILY LAW ISSUES
My former spouse won’t pay the child support or turn over the property I was awarded in the judgment of divorce. What can I do?
If a party fails to make required payments or turn over property awarded in a judgment of divorce, the other spouse may file a post-judgment motion with the Court. The nonpaying party may be found in contempt of court and ordered to pay the attorneys’ fees of the other party for having to go back to court.
It’s been a few years since my divorce and our circumstances have changed. Can I have my child support or child placement schedule changed?
If circumstances have changed since the judgment of divorce was entered, a party may file a motion to modify the judgment of divorce in the circuit court where judgment was originally entered. The significance in the change in circumstances and the amount of time that has passed since the divorce was originally entered will affect your chances of having the judgment modified. Child support will normally be subject to adjustment based on changes in the payor’s income.
Do Courts handle child placement/support cases differently if the parents never married?
Although there are some differences between paternity proceedings and divorce proceedings, the general process is the same in that it will result in court orders that will determine child custody, child placement, and child support.
My spouse and I don’t want to stay together but we also don’t want to get divorced for religious reasons (or some other reason). Is there an option for us?
Yes. Wisconsin permits parties to obtain a legal separation, which follows a similar process as a divorce with some distinctions. Because the Court will be making the same kinds of decisions as in a divorce, such as property division, child support, child placement, etc., a spouse seeking a legal separation should consider retaining an attorney to help with the process.
I’m about to get married and I want to protect my assets. Can you help me with a prenuptial agreement?
Yes, our attorneys draft and review prenuptial agreements for individuals who wish to protect their assets in the event of a divorce. To increase the likelihood that a prenuptial agreement will be enforced, it is strongly recommended that you consult with an attorney familiar with these types of agreements as early as possible before your anticipated wedding date. Wisconsin law also permits spouses to enter into similar agreements after they are married. Those agreements are referred to as "postnuptial agreements" or "marital property agreements."
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
What are the grounds for divorce in Wisconsin?
Wisconsin law requires a finding that the marriage is "irretrievably broken." Generally speaking this means that there isn’t a reasonable prospect of reconciliation. A Court is likely to find that a marriage is irretrievably broken if at least one of you wants a divorce. As a practical matter, this means a divorce is likely to move forward if one spouse wants a divorce, even if the other spouse wants to stay married. In Wisconsin, it is not necessary to establish that your spouse did something wrong, such as infidelity or abuse, in order to obtain a divorce.
What are the residency requirements for filing for divorce in Wisconsin?
Wisconsin law provides that in order to legally file for divorce here, at least one party must be a Wisconsin resident for at least six months prior to filing, and a resident of the county in which the divorce is filed for at least 30 days before filing. If one of the spouses does not live in Wisconsin, there may be a question as to whether the Court has personal jurisdiction, which should be discussed with an attorney before proceeding.
My spouse and I haven’t been married very long. Can I have the marriage annulled?
Although Wisconsin does recognize annulments in some limited situations (such as a marriage induced by force, duress, or fraud, a spouse not old enough to give consent, etc.), a very short marriage is not by itself sufficient to obtain an annulment. You should consult an attorney to determine whether an annulment is an option.
My spouse and I can’t agree on responsibility for bill payments or when we will have placement of the children while the divorce is pending. How can this be resolved?
At the outset of a divorce case, or at some later point if the need arises, either spouse can file a motion for a temporary order if the parties can’t agree on issues like payment of bills and placement of the children while the divorce is pending. The Court will schedule a hearing (often in front of a court commissioner) and each side will have the opportunity to put on evidence and present argument as to the issues. The Court will then issue an order which will control those matters until the final hearing of the divorce.
How long will it take for my divorce to become final?
Under Wisconsin law, there is a minimum waiting period of 120 days (sometimes referred to as the "cooling off period") after the petition for divorce is served on the other spouse before a final judgment of divorce can be entered.
Can I find out if my spouse has been hiding assets or spending money without my knowledge?
During the divorce process, each spouse is required to fill out and exchange with the other spouse a financial disclosure statement. This statement, which is signed under oath, requires each spouse to identify all of their income, assets, liabilities, and other financial matters. An attorney can assist in conducting discovery (such as the taking of depositions and serving subpoenas to obtain documents) to locate assets and information which are not voluntarily disclosed by your spouse.
How does the Court decide how our property will be divided?
Wisconsin courts presume that all property except property acquired by gift (other than from the other spouse) or by reason of the death of another (such as life insurance proceeds or an inheritance) is to be divided equally between the parties. However, courts may alter that presumption based on factors such as: the length of the marriage; the property brought into the marriage; any assets belonging to one party and not subject to division by the Court; the contribution of each party to the marriage; the age and health of the parties; the contribution of one party to the education, training, or increased earning capacity of the other party; the earning capacity of each party and the time and expense necessary to become self-supporting; each party’s custodial responsibilities for children; the desirability of awarding the family home to the party with primary placement of children; the amount and duration of any maintenance order; other economic circumstances such as pension benefits; the tax consequences to each party; a written agreement made by the parties; and such other factors as the Court may deem relevant. If the parties are unable to reach an agreement as to how the assets and debts will be divided, then the Court will decide.
Almost all of our money is invested in the house and our retirement accounts. Will that be a problem in dividing the property?
Many people face the same situation and that will not prevent a divorce from moving forward. An attorney can assist with fairly dividing these assets. For example, a Qualified Domestic Relations Order ("QDRO") is a frequently used mechanism to divide or transfer retirement accounts between spouses.
Is there a difference between "child custody" and "child placement"?
These terms are often confused. In Wisconsin, "child custody" refers to the right to make important decisions about your child’s well-being, such as medical decisions, choice of religion, choice of school, etc. In most cases, the parents will be awarded "joint custody," meaning they will both participate in those decisions. "Child placement" refers to the period of time each parent will have with the child. In some cases, the placement will be split close to 50-50, which is often referred to as "shared placement." In other cases, one parent will have the children for a more significant amount of time, referred to as "primary placement." In those cases, the other parent will usually be awarded periodic placement.
What happens if my spouse and I can’t agree on a placement schedule for our children?
The Court will decide. If you have attempted to work out a child placement schedule with your spouse but are unable to reach an agreement, the Court will typically order that a child custody evaluation be performed. This will entail an investigation by trained staff as to existing conditions in each parent’s home, ultimately resulting in a recommendation to the Court on a placement schedule. The Court may also appoint a guardian ad litem, who is an attorney specifically appointed to advocate for the best interests of the children. Responsibility for the guardian ad litem fees is often split between the parents.
How much child support will I receive or owe my spouse after the divorce?
There are legal standards courts apply to determine the amount of child support a parent will pay. The main factors will be the amount of time the child is placed with each parent, the respective incomes of each parent, the individual needs of the child, and the number of children in the family.
My spouse has more employment experience and earns a much higher income than me. Am I eligible to receive alimony?
In cases where there is a disparity in income or earning capacities between the spouses, the Court may award "maintenance" (also known as alimony) to equalize the standard of living between the spouses for some period of time. The longer the marriage, the stronger the argument a spouse will have for maintenance. In some cases, a spouse may agree to a reduced share of the property distribution in exchange for a waiver of maintenance from the other spouse.
If I file for divorce, will we have to go through a contested divorce trial?
Not necessarily. The majority of cases result in the parties reaching a Marital Settlement Agreement, which is incorporated into a judgment of divorce and which reflects an agreement on all the issues between the parties. If the agreement is fair and both spouses approve it, the Court will in most cases approve it. For uncontested divorces where a Marital Settlement Agreement is reached, the final hearing will usually take a half hour or less.
My spouse and I are thinking of reconciling but we’ve already filed for divorce. Do we have to move forward with the divorce?
No, as long as both spouses want to reconcile. Wisconsin courts may suspend all orders and divorce proceedings for parties who want to explore reconciliation. The divorce case will be dismissed before a judgment of divorce is granted, if both parties agree to dismissal.
Can I use my maiden name again after the divorce?
Yes; you can request the Court restore your prior name as part of the divorce proceedings. However, you will still need to follow up after the divorce is entered with the DMV, Social Security Administration, your bank, etc. to get the name change applied for your daily activities.
When does the divorce become "final"?
At the conclusion of the final hearing (which will either be uncontested if the parties entered into a Marital Settlement Agreement, or contested if the parties were unable to resolve all their disputes), the Court will enter a judgment of divorce. The judgment will incorporate the Marital Settlement Agreement or the findings of fact made at trial. The judgment will control matters such as property distribution, child support, child custody and placement, etc.
If I disagree with the judge’s ruling, can I get the ruling overturned?
A party who disagrees with the Court’s final rulings in a judgment of divorce can file an appeal with the Wisconsin Court of Appeals. Depending on the issues and circumstances, however, it may be difficult to have the judge’s decision reversed. Having a qualified attorney represent you throughout the divorce proceedings may reduce the likelihood you would need to appeal a decision.
OTHER FAMILY LAW ISSUES
My former spouse won’t pay the child support or turn over the property I was awarded in the judgment of divorce. What can I do?
If a party fails to make required payments or turn over property awarded in a judgment of divorce, the other spouse may file a post-judgment motion with the Court. The nonpaying party may be found in contempt of court and ordered to pay the attorneys’ fees of the other party for having to go back to court.
It’s been a few years since my divorce and our circumstances have changed. Can I have my child support or child placement schedule changed?
If circumstances have changed since the judgment of divorce was entered, a party may file a motion to modify the judgment of divorce in the circuit court where judgment was originally entered. The significance in the change in circumstances and the amount of time that has passed since the divorce was originally entered will affect your chances of having the judgment modified. Child support will normally be subject to adjustment based on changes in the payor’s income.
Do Courts handle child placement/support cases differently if the parents never married?
Although there are some differences between paternity proceedings and divorce proceedings, the general process is the same in that it will result in court orders that will determine child custody, child placement, and child support.
My spouse and I don’t want to stay together but we also don’t want to get divorced for religious reasons (or some other reason). Is there an option for us?
Yes. Wisconsin permits parties to obtain a legal separation, which follows a similar process as a divorce with some distinctions. Because the Court will be making the same kinds of decisions as in a divorce, such as property division, child support, child placement, etc., a spouse seeking a legal separation should consider retaining an attorney to help with the process.
I’m about to get married and I want to protect my assets. Can you help me with a prenuptial agreement?
Yes, our attorneys draft and review prenuptial agreements for individuals who wish to protect their assets in the event of a divorce. To increase the likelihood that a prenuptial agreement will be enforced, it is strongly recommended that you consult with an attorney familiar with these types of agreements as early as possible before your anticipated wedding date. Wisconsin law also permits spouses to enter into similar agreements after they are married. Those agreements are referred to as "postnuptial agreements" or "marital property agreements."