Dividing The Dairyland: What To Know About Wisconsin Divorce Proceedings

Divorce is a significant life event that brings about emotional and legal changes, impacting families and their futures. In Wisconsin, known for its dairy farms and community values, the divorce process holds unique aspects within its legal framework. Understanding these can empower those facing this transition to navigate the proceedings with clarity and confidence.

Wisconsin’s Approach To Divorce: Community Property Laws

Wisconsin is a community property state, which means that all assets and debts acquired during the marriage are presumed to be jointly owned. Upon divorce, these are divided equally unless an agreement is reached otherwise by the parties or the court finds such a division to be unfair.

The equal division principle extends beyond physical property to include investments, retirement accounts, and even business interests. However, items considered separate property, such as inheritances or gifts are typically not divided. However, the commingling of these separate assets can change the nature of the asset.  In addition, the attorneys at Bosshard Parke can help you gather evidence of assets owned prior to the marriage. As the court has broad discretion in dividing assets, our attorneys can assist you in getting a fair result.

Maintenance And Marital Agreements

Alimony, known as maintenance in Wisconsin, is not a guaranteed part of every divorce. It is awarded based on one party’s need and the other’s ability to pay, along with other factors like the length of the marriage, age, health, and earning capacities of each party.

Marital agreements, both prenuptial and postnuptial, can also play a significant role in divorce proceedings. These agreements, if properly executed, can dictate the terms of property division and maintenance, providing a roadmap for the divorce process.

Mediation: A Constructive Path Forward

Wisconsin courts often encourage mediation as a means to resolve disputes. This non-adversarial process involves a neutral third party who helps the divorcing couple reach an agreement on various matters. Mediation can be less stressful, more private, and often more cost-effective than traditional litigation.

Legal Separation: An Alternative To Consider

For couples unsure if divorce is the right path or for those who may have religious or financial reasons to avoid divorce, Wisconsin offers the option of legal separation. This process legally divides property, addresses maintenance, and resolves child custody and support issues, without formally ending the marriage.

Preparing For Divorce In Wisconsin

Those considering divorce should take steps to prepare, including:

• Gathering financial documents.
• Taking inventory of assets and debts.
• Considering the needs of any children involved.
• Exploring mediation and other dispute resolution options.

The Role Of A Divorce Attorney

Despite the equitable division law, divorce in Wisconsin can be complex, particularly with significant assets or when the parties disagree on key issues. An experienced divorce attorney can provide essential guidance on rights and options, help negotiate fair settlements, and represent your interests in court if necessary.

Bosshard Parke: Guiding You Through Divorce Proceedings

At Bosshard Parke, we understand the emotional and financial complexities of the Wisconsin divorce process. Our team, deeply rooted in La Crosse and the surrounding communities, is committed to providing personalized, compassionate, and effective representation. We’ll help you understand Wisconsin’s unique divorce laws, work with you to achieve an equitable division of property, and advocate for a resolution that honors your interests.

If you are considering or beginning the process of divorce, reach out to one of our experienced divorce lawyers at Bosshard Parke. We are here to help you with this significant life transition, ensuring your rights are protected every step of the way.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. If you need legal counsel, please contact a qualified attorney directly.