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Wisconsin statute chapter 767 embodies Wisconsin
divorce law, and together with case law, administrative hearings,
decisions, and appellate rulings, it forms the basis of all
divorce law in the state of Wisconsin.
Wisconsin Residency Requirement
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 "Family"
in Wisconsin Family Law
Wisconsin law has always placed a very high
value on "the family" with a unique form of community
property law. For that reason, Wisconsin law is often referred
to as being "essentially community property". When
Wisconsin adopted its divorce law and even into the period
of time in which it considered and adopted no fault divorce
legislation, it was always the intent of the legislature to
protect the family and the assets acquired by that family
during the marriage. Below is a portion of Wisconsin Statute
Chapter 765, entitled, "Intent" which provides the
legislature's intent of Wisconsin divorce law.
Chapter
765(2) INTENT. It is the intent of chapters 765 to 768 to
promote the stability and best interests of marriage and
the family. It is the intent of the legislature to recognize
the valuable contributions of both spouses during the marriage
and at termination of the marriage by dissolution or death.
Marriage is the institution that is the foundation of the
family and of society. Its stability is basic to morality
and civilization, and of vital interest to society and the
state.
Chapter 765 goes on to say:
The
impairment or dissolution of the marriage relation generally
results in injury to the public wholly apart from the effect
upon the parties immediately concerned. Under the laws of
this state, marriage is a legal relationship between two
equal persons, a husband and wife, who owe to each other
mutual responsibility and support. Each spouse has an equal
obligation in accordance with his or her ability to contribute
money or services or both which are necessary for the adequate
support and maintenance of his or her minor children and
of the other spouse. No spouse may be presumed primarily
liable for support expenses under this subsection.
Separation - Legal & 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 of the house 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.
To prevent being held mutually responsible for the debts
created by the other spouse, and to ensure that assets are
being handled the way that you want them handled, you will
need a court order. To obtain a court order, it is in your
best interest to consult with an attorney who is experienced
in family law and the complexities of Wisconsin's marital
property and divorce laws. Attorney
Kathleen Reiley devotes her law practice to family and
divorce law.
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 (an assumption made in the
light of the stated law). Presumptions may be overcome at
times by proving facts that rebut the presumptions (proving
that the assumption is incorrect or does not apply to the
case before the court). Thorough discussion of your case
with Attorney Reiley will help you to understand the presumptions
and the possibility of those presumptions being rebutted.
Divorce Proceedings
The divorce proceedings can be handled in a variety of
ways. After discussing your strategy and filing for divorce,
there is a different procedural step 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.
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 regulates divorce. There are certain 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.
Under Wisconsin
Marital Property Law, all of the assets acquired during
the marriage
are marital property held jointly by the spouses. There
are some exceptions to this rule, such as inheritances,
but the law is very specific as to how those inheritances
are managed and utilized, so in some situations, even inheritances
become marital property.
No Fault Divorce
The term "no fault" divorce means that neither
party must 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.
Wisconsin Divorce Attorney Kathleen Reiley
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 will be
entered, which will define responsibilities by each party
for support, physical placement of minor children, and physical
possession of the home. It may include other matters, depending
upon your unique circumstances.
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 own go-to
lawyer for both opposite and same-sex cohabitation
couples in need of legal advice to resolve their disputes.
Men throughout Wisconsin and across the nation seek out Attorney
Reiley for her expertise in paternity
matters. And all the grandparents
are talking about the wonderful results that Attorney Kathleen
Reiley has obtained for them to enjoy their grandchildren.
Call Attorney Kathleen Reiley (608-246-8309)
or send Kathleen
Reiley an email.
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