Divorce Guide

Divorce Guide


Wisconsin Divorce Rights


A spouse has to fulfill some of the residency requirements of the state of Wisconsin in order to file a petition for the dissolution of marriage. According to Wisconsin divorce rights, any one of the spouses has to be a resident of the state for six months and a resident of the county for at least a period of thirty days in which he/she files the case. As per Wisconsin divorce rights, a spouse can not ask the court to hear the petition before the expiration 120 days after filing the petition.

Wisconsin divorce rights clearly enumerate the grounds on the basis of which a party can seek divorce from the other spouse. The most appropriate ground of dissolving the marriage is the ground when both the parties submit a written agreement in the court in which they have voluntarily accepted the fact that their marriage has been irretrievably broken down. Also, cases in which the court finds that the parties have been living separately for a continuous period of twelve months, sufficient grounds are considered to have been reached to as to grant a divorce to the spouse.

Wisconsin property rights in divorce

Since Wisconsin divorce rights recognize Wisconsin as a state which follows the principle of community property, the property acquired by the couple during the marriage period would be divided equally between the two parties. This however will happen only when the parties fail to reach to an agreement while deciding their property rights. When court is asked to decide the division of property, it takes into account the length of the marriage, contribution of the spouses, earning capacity, vocational and employment skills, tax consequences and legal obligations of the two parties.

Wisconsin spousal support

Spousal support is also decided on the basis of above mentioned factors. This varies from case to case basis. The spousal support also defines the custody of the child. Custody of the child can not be given to a party which finds it difficult to make a living for him or herself. Physical, emotional and educational welfare of the child is given supreme importance by Wisconsin divorce rights.

A counseling and mediation program is also provisioned in Wisconsin divorce rights which provides for some professional mediators who try to reconciliate the differences of the two parties. These professional mediators also try to educate the two parties about the ill effects of the divorce on the immature mind of the child. The court in such cases suspends the proceedings of the case for a period of ninety days. During this period of 90 days, the counseling and mediation professional can try all possible means to pacify the two parties.

If all the efforts of the counseling and mediation program fail to bring any favourable results to the parties, the parties can proceed and seek a complete divorce and separation from the marital relationship.


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