One of the spouses must have been a resident of Wisconsin for 6 months and County for 30 days immediately prior to filing where the divorce is filed. No divorce hearing is scheduled up to 120 days after the defendant has served the summons or after the filing of a petition. [Based on statutes of Wisconsin; Sections 767301 and 767355].LEGAL GROUNDS FOR DIVORCE:
Irreparable damage of marriage is the only cause of divorce in Wisconsin. The irretrievable breakdown of marriage can be illustrated by: a joint petition from both spouses to apply for divorce to these reasons. Living separate and apart for 12 months immediately prior to the filing. If the Court finds that an irreparable marriage with no possibility of reconciliation. [Based on statutes of Wisconsin; Section 767.07] legal separation:
Irreparable damage of marriage is the only grounds for legal separation, Wisconsin. Residence requirements are the same as for divorce. [Based on statutes of Wisconsin; Sections, 767 767.05.07 and 767.12].REQUIREMENTS OF ADVICE OR MEDIATION:
If the custody of a child is a controversial issue, mediation is mandatory. If you requested joint custody, mediation can be requested. Furthermore, the Court may order parents into any situation of custody of the child to participate in an educational program about the effects of divorce on children. [Based on statutes of Wisconsin; Sections 767401].DISTRIBUTION OF PROPERTY:
Wisconsin is a State of "Community property", with the presumption that all spouses must be divided equally. Marital property is all properties except for particular properties inherited from spouse spouse property received as a gift from spouses or property financed by the funds acquired by gift or inheritance. Equal distribution may be modified by the Court, without regard to marital fault, based on the following factors:The duration of the marriage. The property brought to the marriage by either party. If a party has substantial assets not subject to Division by the Court. The contribution of each of the parties to the marriage, giving appropriate economic value to the contribution of each party in the furniture and child care services. The age and physical and emotional health of the parties. The contribution to education, training, or increased earning power of others; If there is a substantial change of circumstances, is a discretionary decision. The earning capacity of each party, including educational background, employment, skills training, work experience, length of absence from the labour market, custodial responsibility for children and the time and expense necessary to acquire sufficient education or training allow the party to become self-supporting to a reasonable standard of living comparable to that enjoyed during the marriage. The opportunity for designation of a family home or the right to live, therein, for a reasonable period to the party having physical positioning for longer periods of time. The amount and duration of an order of maintenance grant payments for both parties, in any order to periodic payments of family support, and that the Division of property in lieu of such payments. Other economic circumstances of each of the parties, including pension benefits, interest accrued or not invested and future. The tax implications of each party. Premarital agreements or marital settlement. [li [any other relevant factor. The Court may divide any separate property of the spouse to prevent discomfort to a spouse or the children of the marriage. [Based on statutes of Wisconsin; 61 766] sections. food/maintenance/domestic support:
Spouse may be ordered to pay maintenance to the other spouse, without regard to marital fault. The factors for consideration are as follows:The duration of the marriage. The age and physical and emotional health of the parties. The Division of property. The level of education of each party, at the time of the marriage and at the time that the gesture began. The earning capacity of the party seeking maintenance, including educational background, employment, skills training, work experience, market of duration of absence from work, custodial responsibility for children and the time and expense necessary to acquire sufficient education or training to enable the party to find suitable employment. The possibility that the party seeking maintenance may become self-supporting to a reasonable standard of living comparable to that enjoyed during the marriage, and if so, the time required for achieving this goal. The tax implications of each party. Any mutual agreement submitted by the parties before or during the marriage, under which a party has made financial or service contributions to another with the expectation to reciprocate or other compensation in the future, if you haven't made the repayment, or any other mutual agreement submitted by the parties before or during marriage concerning any financial support for the agreement of the parties. The contribution to education, training, or increased earning power of others; (10) all other relevant factors the Court considers relevant.