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A divorce suit can be filed in Wisconsin only when the petitioner--the person who files for divorce--or the respondent spouse have lived in the state for at least six months. To file in a particular county, the spouse must have resided there for 30 days.
To initiate a divorce proceeding, a petition is filed in the court clerk's office and a summons is served on the respondent spouse. Because divorces in Wisconsin are not final until at least four months after the filing date, a spouse often will have her attorney file temporary orders for purposes of temporary spousal maintenance and child support while the couple's suit is pending. -
The only grounds for divorce--or legal separation--in Wisconsin is if the marriage is irretrievably broken or if the spouses have lived apart from each other for at least one year. Both parties must attest to this under oath or affirmation. If only one of the spouses wants a divorce, the court is required to consider "all relevant factors" that led to the divorce suit, including the prospect of reconciliation. If the court finds that there is the chance that a couple can reconcile, it takes the matter under consideration for no less than 30 days and not more than 60 pending a hearing.
The court also can suggest to the couple that they seek counseling. If, at the hearing, one of the spouses continues to claim that the marriage is irretrievably broken, the court will commence divorce proceedings. -
Wisconsin courts generally divide community property in a 50-50 manner so that spouses have the same net worth. However, there are exceptions to this rule.
If a considerable portion of a spouse's assets were gifted to him or inherited, or if marriage was short, he may keep a substantial amount of this property.
Other factors that can result in one spouse getting more than 50 percent of the marital estate include her age and health, the homemaking and child-care services she provided, any contribution she made to her spouse's education to increase his earning potential, her earning capacity and educational background, and other factors.
While prenuptial agreements or any agreement regarding property distribution made during the course of the marriage are generally considered "binding," Wisconsin statute authorizes the court to disregard such agreements if they are inequitable to either spouse. (REF 1: Section 767.61) -
In Wisconsin, either spouse may receive temporary or permanent spousal maintenance (sometimes referred to as alimony) in addition to child support by the court's order. Each case will vary, but the first factor the court considers is the duration of the marriage--was the couple married long enough that one spouse made sacrifices to the other's advantage?
Other factors the court will consider are the age and health of the parties, including mental health; how the community property was divided; each spouse's level of education, employment skills and length of absence from the job market; the contribution one spouse made to the other's education and career training; and the prospect that the spouse seeking maintenance will become self-supporting so that her standard of living is comparable to that of the other spouse. The court can consider any factor it deems relevant when awarding spousal maintenance. -
Wisconsin law requires the court to act in the best interest of the child when making custody determinations, and this means taking everything into consideration. Some of the factors the court is required to consider by law are the wishes of both child and parents; the interaction between the child, parents and other siblings; the mental and physical health of the child and parents; the availability of child care; and whether one of the parents is likely to interfere with the child's relationship with the other parent.
More compelling factors may include a history domestic abuse (or abuse of the child) and whether a parent has problems with drugs and alcohol.
If the divorcing parents cannot arrive at an agreement, they are required to go to mediation. If mediation does not resolve custody issues, the court will render a decision, but not before it hears testimony from the child's guardian ad litem and other professionals.
