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Wisconsin Divorce Law

Divorce Laws in Wisconsin

According to Wisconsin divorce laws, you do not need to prove grounds in order to receive a divorce. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage. This is referred to as a no-fault divorce. Additionally, one of the spouses must have been a resident in the state of Wisconsin for a continuous 6 months as well as a resident of the county of filing for 30 days prior to filing the petition of divorce in Wisconsin.

Alimony & Community Property in Wisconsin

Wisconsin is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to the divorce laws in Wisconsin this means that the law requires that all property be divided equally between the husband and wife. However, the court has the right to modify the agreement, as well as to divide any separate property, to suit the current needs of all parties involved.

Alimony can be awarded to either a husband or wife. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Typically, the award will fall into one of three categories, such as rehabilitative, limited or indefinite according to WS divorce laws.

Wisconsin Child Support, Child Visitation and Child Custody

According to divorce law in Wisconsin, the main focus in determining child custody is the best interest of the children. WS divorce laws also provide for joint legal custody, which can only be awarded if the parents are in agreement. Additionally, you may be awarded sole legal custody or physical custody, which will determine where the child lives. The non-custodial parent is usually awarded visitation rights to see the child.

Child support (a percentage of the non-custodial parentís gross income) is determined according to the Child Support Guidelines as set for the by Wisconsin Divorce law. Expect to pay child support until at least 18 years of age. However if your child has not graduated from high school you may be ordered to continue child support until that point or until the age of 19, which ever occurs first.