Strictly upheld laws and regulations require the assistance of a Divorce lawyer Mequon WI. The parties must fulfill residency requirements. They imply that either party has lived in the state of Wisconsin for at least six months to establish residency. The guidelines designate that the marriage must have taken place in the state, and the divorce must meet the requirements outlined in Section 767 of the Wisconsin Statutes.
Establishing the Grounds
In Wisconsin, the court recognizes irretrievable breakdown only for the grounds for a divorce or legal separation. A petitioner who wishes to qualify for a divorce is required to swear under oath that the marriage is irreconcilable. He or she must present evidence showing that they have lived separately from their spouse for at least one year. In a contested divorce, the defendant denies the breakup of the marriage. The presentation of evidence that shows the couple has continued to live together prevents divorce on these grounds. The only deviation of this stipulation is when the couple files a joint petition for divorce or legal separation. Visit website for info.
Marital Property Division
The state of Wisconsin adheres to community property laws in divorce proceedings. This implies that all property owned by either spouse is classified as marital property. The exceptions are properties that were inherited, purchased with inherited funds, or gifts received by either spouse. Wedding jewelry that is identified as family heirlooms are returned to the original owner. The couple’s home is, typically, awarded to the spouse who lived there for the longest duration. Some properties are awarded to meet financial support requirements for education, expenses, and earning opportunities in lieu of payments. The court agrees with this exchange to allow either spouse to continue to enjoy the lifestyle achieved during the marriage.
The conduct of each spouse does not affect the division of property. However, some assets are excluded from the community property laws such as pension plans in which a spouse makes contributions through an employer. Couples who acquire a premarital agreement have the authority to divide marital properties based on the agreed terms. At the same time, the court can overrule the agreement if a hardship for the spouse or their child is probable. A Divorce lawyer Mequon WI assists you with these concepts; to hire an attorney today visit frakerfamilylaw.com.