Divorce

Divorce is defined by statute as a dissolution of the legal bonds of marriage, but Attorney Kathleen Reiley understands that divorce involves an emotional investment as profound in your life as was your emotional investment in your marriage. Divorce often causes arguments over property. A divorce involving children often involves custody and visitation issues. A divorce involving investments requires fiancial knowledge.

Divorce does not have to be an all-out war. A divorce can be handled with great wisdom and a focus on both your futures as individuals, and as friends, or parents as the case may be. Attorney Reiley has helped many people take the first and subsequent steps over the bridge between the closing of the chapter for marriage and the beginning of the chapters in the future.

Divorce involves many aspects of family law including legal custody and placement of minor children, child and family support, and in some cases, paternity and grandparents' visitation rights. Below are some quick links to topics you may find of interest and information about divorce in Wisconsin.

Quick Divorce Links:
Contested Divorce | Divorce Trial & Litigation
Uncontested Divorce | Divorce Mediation | Stipulated Divorce
Collaborative Divorce | Cooperative Divorce
Divorce Attorneys | Wisconsin Divorce Law

Divorce Proceedings

The divorce proceedings can be handled in a variety of ways. After discussing your strategy and filing for divorce, there are different procedural steps that may occur. There may be a temporary hearing or a stipulated temporary order. The parties must thoroughly prepare financial disclosure statements and a marital balance sheet. They must collect the financial information and information affecting their children. The parties exchange proposals for resolution of disputed issues and commit to writing in a final agreement their resolution of the issues facing them. Each case is unique, so it is important to discuss the procedural and substantive issues with which you are dealing.

Application Of Wisconsin Divorce Law

In order for the laws of the state of Wisconsin to apply to a divorce matter, either one or both of the spouses needs to have been a resident of the state of Wisconsin for six months preceding the filing of the action and of the county in which the action is filed for a period of 30 days immediately preceding the filing of the action. When the Respondent (non-filing party) has never lived in the state of Wisconsin, the client needs to discuss with his or her attorney the power of the court to make decisions concerning property, support and maintenance.

The law offices of Attorney Kathleen Reiley are exclusively devoted to helping people with their divorce and family law issues. Attorney Kathleen Reiley has handled hundreds of divorce matters, advocating for both men and women, and has become Madison's go-to lawyer for both opposite and same-sex cohabitation couples in need of legal advice to resolve their disputes. Attorney Kathleen Reiley has many men clients who have successfully sought primary physical placement of their children. Many Madison Wisconsin area grandparents seek out Attorney Reiley, who has become a sought-after attorney for grandparents' visitation rights, a subject few attorneys care to tackle.

Wisconsin "No Fault" Divorce

The term "no fault" divorce means that neither party need allege or prove grounds to justify the granting of the divorce. The standard for granting a divorce in Wisconsin is "irretrievable breakdown of the marriage, and for legal separation "breakdown of the marital relationship.   

Separation - Factual (Legal Separation) or Physical

When spouses separate physically, the laws governing their legal responsibilities to each other and with regard to their assets do not change unless they obtain a legal separation or a marital property agreement. Simply moving out and having a separate living arrangement is not a legal separation in the state of Wisconsin and it does not protect either spouse financially from the other's liabilities.

Wisconsin Divorce Law

A reference to "the law" includes the statutes governing the substantive law of your case and the procedural law of your case, administrative rules that apply to your case, the federal and state constitutions, prior orders issued in your case, and appellate decisions published by the various courts of appeals that interpret statutes, case law or the Constitution. Not every statute, not every case, applies to your situation. When you do your own research or hear the anecdotes of those who have "been there, done that", it is important to go over your understanding of the law with your attorney to clarify questions and obtain more information.

There are a number of presumptions set forth in the statutes governing divorce in Wisconsin. Presumptions are assumptions under the law. Presumptions may be overcome at times by proving facts that rebut (disapproved by factual evidence) the presumptions. Thorough discussion of your case will help you to understand the presumptions and the possibility of those presumptions being rebutted.

Wisconsin Marital Property Law

The law of property changed radically on January 1, 1986 in the state of Wisconsin when the Marital Property Act became effective. This act applies to marriage and to death, and is a separate chapter of the statutes from the chapter that governs divorce. There are certain common principles that apply to property and debt to be divided at divorce, but there is a distinction made in the statutes. The Marital Property Act rendered the title to an asset an unclear determination of "ownership" of an asset. A spouse without title may have an ownership interest in an asset, such as a business, but no right to manage that asset.

The rules about credit and creditors changed significantly as well. Those rules do impact spouses at and after divorce. Title and ownership and responsibility for liabilities are important issues to discuss thoroughly with your attorney.

Contacting A Family Law Attorney

If you are contemplating divorce or have already determined that a divorce is the right solution for your situation, the most important reasons to contact a divorce attorney are to preserve your legal rights and financial security and to understand how the laws of the state of Wisconsin will affect you now and in the future. Once you file for divorce - which is called bringing an action for dissolution of a marriage - a temporary court order may be entered, which will define responsibilities by each party for support, physical placement and legal custody of minor children, and physical possession of the home. It may include other matters, depending upon your unique circumstances.

Once the decision is made to file for divorce, the very first step towards protecting your interest in the marital assets is to consult with a family law attorney right away. By seeking legal advice at the outset, you will be better prepared if your divorce action goes to a trial, and your assets may be better protected in the interim.

Negotiations

The ability of your attorney to negotiate is a critical factor in the overall process. From the moment your divorce action is filed until you reach a final agreement or conclude a contested trial, your attorney is negotiating the disputed issues between you and your spouse and counsel. Effective negotiation is a learned skill, and Attorney Kathleen Reiley has honed her mastery over more than twenty years in her profession.

Attorney Kathleen Reiley Can Help

If you have a family law related matter that needs the help of a highly experienced mediator or strong litigation attorney, please contact the office of Attorney Kathleen Reiley right away.