Divorce

Couples usually wed with the idea that marriage will last forever, but sometimes that is not the case and divorce is the only alternative.  Some may worry about what type of conduct has to be alleged in order to obtain a divorce in Wisconsin.  Wisconsin is what is referred to as a “no fault” state, which means that the court does not look to whether one of the parties is at “fault” when granting a divorce.  The court is concerned with whether the marriage is irretrievably broken, meaning that reconciliation is not possible.

Some divorce cases are simple with few issues.  The vast majority of cases, however, involve numerous issues that can be complicated.  Issues may include the valuation and division of assets, the determination and assignment of liabilities, maintenance (which is referred to as alimony in some other States), child custody and placement time, and child support.

To demystify the legal process, I explain to my client from the beginning and throughout the representation what she or he should reasonably expect to happen.  I tell my client about the legal and factual issues involved in her or his case, as well as the need to consider the financial and emotional costs of various options for handling the divorce case.

Divorce can be one of the most traumatic experiences in a person’s life.  Providing a roadmap of the process and engaging in a discussion with the client of the issues and options can help to ease their anxiety and enable them to make informed decisions about the future, which is the goal of my firm.

Property Division

The valuation and division of assets is an important aspect.  In order to value certain assets, other professionals may be involved in the case.  For instance, a real estate appraiser or business valuator may be needed in order to determine value.  Consideration must also be given to the determination of the extent of the liabilities and how those liabilities will be assigned to the parties. The assets and liabilities are referred to as the marital estate.

Under the law in Wisconsin, there is a presumption that the marital estate will be divided equally between the parties.   The court can, however, consider a number of factors that may result in a division that is not equal.  In addition, there are certain types of assets that are exempt from division entirely under certain circumstances.

Child Support

Child support is an issue that must be addressed whenever minor children are involved.  Child support is usually calculated by what is referred to as the Percentage Standards, which are calculated as a percentage of gross income factoring in the number of children, the placement time with each parent, and each parent’s income if appropriate.  Consideration is also given to what is referred to as variable costs, which can include but are not limited to tuition and child care.

An important issue in calculating child support is a determination of each party’s income.  Those figures are then used as the basis for calculating the support.   In certain circumstances, the assistance of a forensic  accountant is needed in order to determine a party’s income. 

Maintenance

The term maintenance refers to the support that one spouse pays to the other.  In some States, it is referred to as alimony, or spousal support.  The amount and length of a maintenance order are issues that must be addressed in many cases.  When determining maintenance, Wisconsin courts keep two objectives in mind:  supporting the recipient spouse according to the needs and earning capacities of the parties, and ensuring a fair and equitable financial arrangement between the parties.

There are tax implications to consider when maintenance is an issue as well as a determination of the income and/or earning capacity of the parties.  A number of factors go into a determination of maintenance including but not limited to the length of the marriage and the age and health of the parties.  The goal is to resolve the issues of whether maintenance is appropriate and if it is the amount and length of the maintenance obligation as efficiently as possible in the context of negotiating a fair and reasonable arrangement.