Whether you are contemplating divorce or ready
to file a petition to commence divorce proceedings, the
most important reasons for hiring divorce attorneys are
to preserve your legal rights and financial security, understand
how the laws of the state of Wisconsin will affect YOUR
situation, as well as the decisions you make before the
divorce, during the divorce process, and after the divorce
decree has been entered.
In order for Wisconsin
divorce law 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.
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.
Once your petition
for divorce is filed - which is called bringing
an action for dissolution of a marriage - a temporary
court order will 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. 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.
The divorce proceedings
can be handled in a variety of ways. After discussing your
strategy and filing for divorce, there is a different procedural
steps that may occur. As an uncontested divorce, you and
your spouse may stipulate to the terms of your divorce.
Whether you process through the divorce proceedings in a
collaborative or cooperative manner, or use mediation, the
end result of those discussions ought to be a stipulation
(agreement) setting forth the terms of your and your spouse's
agreements to the divorce action. The agreement will likely
include support, maintenance, and must include the marital
property division.
You and your spouse must collect your financial
information and information affecting your children.
Your financial information will be exchanged with your spouse.
Through
your attorney, you and your spouse will exchange proposals
for resolution of disputed issues.
Through your attorney, you and your spouse
will commit to writing in a final agreement your resolution
of the issues facing you. Each case is unique, so it is
important to discuss the procedural and substantive issues
with which you are dealing.
Divorce & Family Law Attorney
For more information about how an attorney
can help you protect your interests and those of your children,
please contact
the office of Attorney Kathleen Reiley right away.
Releted Topics:
Divorce | Wisconsin
Divorce Law | Divorce
Mediation
Divorce
Litigation & Trials | Custody
| Support
