Navigating a Contested Divorce in Wisconsin: A Comprehensive Guide
June 13, 2023
Divorce is a difficult and emotionally challenging process, and when it becomes contested, it can further complicate matters. In the state of Wisconsin, contested divorces occur when spouses cannot reach an agreement on critical issues such as child custody, property division, or spousal support. This blog post serves as a comprehensive guide to help you understand the intricacies of contested divorces in Wisconsin and provide valuable insights to help you navigate through this challenging process.
1. Understanding Contested Divorce:
- Definition: A contested divorce refers to a situation where spouses are unable to agree on one or more key issues, leading to litigation or court intervention.
- Factors contributing to a contested divorce: Disagreements over child custody, visitation rights, property division, financial matters, alimony, etc.
- Importance of legal representation: Hiring an experienced family law attorney, Kaminski & Pozorski, located in Manitowoc, WI, to guide you through the complex legal procedures is crucial.
2. Initiating a Contested Divorce:
- Filing the petition: The process begins by filing a Petition for Divorce, outlining the grounds for divorce and the contested issues.
- Serving the spouse: The petition must be served to the other spouse, who then has a specific timeframe to respond.
3. The Divorce Process in Wisconsin:
- Mandatory mediation: In Wisconsin, couples with contested issues are typically required to attend mediation to attempt to reach a settlement outside of court.
- Temporary orders: During the divorce process, temporary orders may be issued to address issues such as child custody, support, or temporary use of property.
- Discovery phase: Both parties exchange information and documents relevant to the contested issues through methods like interrogatories, depositions, or requests for production of documents.
- Negotiation and settlement: Parties may engage in negotiations, with or without attorneys, to reach a settlement agreement on contested issues.
- Trial: If negotiations fail, the case may proceed to trial where a judge will make the final decisions on the contested matters.
4. Key Considerations in a Contested Divorce:
- Child custody and visitation: Courts prioritize the best interests of the child when making custody decisions, considering factors such as parental fitness, child's wishes, and stability.
- Property division: Wisconsin follows community property laws, but equitable distribution principles may be applied in certain cases, focusing on fairness rather than equal division.
- Spousal support: Courts evaluate factors such as length of the marriage, earning capacity, and financial needs to determine whether spousal support (alimony) should be awarded.
- Financial considerations: Detailed financial disclosure, valuing assets, and considering tax implications are crucial aspects during property division and support determinations.
5. The Role of Attorneys and Mediators:
- Benefits of legal representation: Skilled divorce attorneys provide guidance, protect your rights, negotiate on your behalf, and present a compelling case in court if necessary.
- Mediation: Trained mediators assist in facilitating discussions, encouraging compromise, and helping couples reach mutually acceptable solutions, reducing the need for litigation.
Conclusion: While contested divorces in Wisconsin can be emotionally and legally complex, understanding the process and seeking the assistance of knowledgeable professionals can help you navigate through the challenges more effectively. By prioritizing the best interests of all parties involved, maintaining open communication, and seeking fair resolutions, you can work towards a satisfactory outcome even in the midst of a contested divorce. Remember, seeking the guidance of an experienced family law attorney will significantly increase your chances of a successful resolution. Contact
Kaminski & Pozorski, located in Manitowoc, WI today for a Free Consultation.
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If you’re going through a divorce in Wisconsin, you may be wondering: Can my spouse (or I) get more than half of our assets? The answer is yes — depending on the circumstances. Wisconsin is a marital property state , which means courts start with a 50/50 split. But that’s only a presumption , not a guarantee. Here’s when a spouse can get more than 50% in a Wisconsin divorce. When Courts Award More Than 50% of Assets Wisconsin judges can divide property unequally if an equal split would be unfair. Common reasons include: 1. Major Premarital Assets If one spouse entered the marriage with significantly more property, a court may award them a larger share. 2. Short Marriage Short-term marriages often result in uneven division, especially when one spouse contributed more financially. 3. Large Difference in Earning Capacity If one spouse earns far more or has greater future earning potential, the other may receive more than half. 4. Age or Health Issues A spouse facing disability, illness, or limited future income may receive a greater portion of assets. 5. Wasting or Hiding Assets If a spouse gambled, hid, or improperly spent marital funds, the other may be compensated with a bigger share. 6. Contributions to Career or Household Spouses who supported the other’s education, career, or stayed home with children may be awarded a larger portion. What About Inheritances or Gifts? Individual inheritances, gifts, and certain personal injury awards are normally excluded — unless they were mixed with marital funds, in which case they may be divided. Bottom Line A 50/50 division is the starting point, but Wisconsin courts can — and often do — adjust property division for fairness. Yes, a spouse can absolutely receive more than 50% of the assets. Contact Us If you’re in Manitowoc, Green Bay, Appleton, Sheboygan, Kewaunee, or the surrounding area and need assistance with holiday visitation, parenting plans, or family law matters, please contact Kaminski & Pozorski at (920) 684-6694 for a free consultation.
Navigating the Crossroads: Key Decisions When Considering Divorce in Wisconsin Deciding to end a marriage is one of the most significant and emotionally challenging choices a person can make. It involves careful consideration of personal, emotional, and legal factors. If you are in northeastern Wisconsin and contemplating divorce, understanding the legal landscape and your options is crucial for protecting your interests and your future. Kaminski & Pozorski , a local firm in Manitowoc with over 40 years of experience, specializes in guiding clients through these difficult times with both expert legal counsel and compassionate support. Critical Questions to Ask Yourself Before moving forward, take time for self-reflection and consider these essential questions: Have communication and trust broken down completely? While some issues can be resolved with counseling, a persistent lack of trust or an inability to communicate effectively can be strong indicators that the marital bond has irrevocably weakened. Are your fundamental values and future goals misaligned? People evolve, and sometimes spouses grow in different directions. If your core values or vision for the future are no longer compatible, divorce may be the most authentic path forward. How will this impact my well-being and my children? You must balance your own needs with the impact on others. Consider how the current marital stress affects your children and whether a different family dynamic, post-divorce, might be healthier for all involved. Have you exhausted all other options? For some, marriage counseling or a trial separation can provide the clarity needed to make a final decision. Am I prepared for the financial realities? Divorce can lead to a change in the standard of living or financial independence. Gathering information about your financial situation is a critical preparatory step. Legal Considerations in Wisconsin Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct (like affairs) when granting a divorce; the only requirement is that the marriage is irretrievably broken. However, significant legal issues remain to be addressed, including: Property Division: Wisconsin is a community property state, meaning assets acquired during the marriage are generally divided equally. Child Custody and Placement: The court's primary concern is always the best interests of the child when determining legal custody and physical placement schedules. Spousal Support (Alimony) and Child Support: These decisions are based on specific guidelines and individual circumstances. The Importance of Legal Guidance Deciding whether to divorce is a personal journey, but the process of a divorce requires experienced legal guidance. An attorney can help you understand your rights, navigate complex legal procedures, and advocate for your best interests. Kaminski & Pozorski often encourages clients to consult with them six to eight weeks before filing for divorce to help identify key issues early in the process. If you are in Manitowoc, Green Bay, Sheboygan, or the surrounding area and need assistance with family law matters, the team at Kaminski & Pozorski is ready to guide you through every step of the process. Contact their law firm today for a free consultation at (920) 684-6694 to confidentially discuss your options and determine the best path forward for you and your family.
At Kaminski & Pozorski in Manitowoc, Wisconsin, our family-law team has decades of experience guiding parents through the complex terrain of holiday visitation, custody agreements, and the unique challenges that arise during the end-of-year season.
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At a minimum, there is a mandatory 120-day waiting period between filing for divorce and the earliest possible finalization. However, unless you and your spouse have already reached a full agreement on all major issues, most divorces take significantly longer. There is much to work through from the initial filing to the final divorce decree.
Are you facing a family law issue in the state of Wisconsin? Whether you’re going through a divorce, dealing with child custody issues, or navigating a complex adoption process, it’s important to have a knowledgeable and experienced attorney on your side.
It is understandable that custody matters are often highly contested in family law, as both parents only want what is best for their children during a divorce. There is a common assumption that mothers will be granted primary custody, leading fathers to question their chances of being awarded custody and the legal landscape surrounding such requests in their state. In Wisconsin, child custody decisions are based on the child’s best interests, as outlined in statute 767.41(5). Factors considered include the child’s age, adjustment to home and community, parent-child relationship, promotion of a healthy relationship with the other parent, presence of domestic violence, and issues with drug or alcohol abuse. Importantly, parental gender is not a factor in determining custody, and there is no automatic assumption that the mother will be the primary custodian. Wisconsin law typically favors joint custody, where both parents are involved in major decisions like religion and schooling. However, the parent who can prove to have been the primary caregiver and have a close relationship with the child may have an advantage in court for primary placement, often resulting in mothers being awarded custody. Yet, this is not a legal presumption, and both parents must demonstrate that their proposed custody and parenting plans are in the child’s best interests. If a father can show that he is more suitable for primary placement, there is no legal barrier to him obtaining custody. For guidance on custody matters and how courts determine the child’s best interests, reach out to us for assistance in understanding your circumstances and taking the necessary steps to prioritize your child’s well-being. Contact us today for a consultation! Phone: (920) 684-6694 Email: info@kaminskiandpozorski.com Office Address: 846 North 8th Street, Manitowoc, WI
