Overview
Just as with marriage, no two divorces are alike. Many people facing divorce wonder how they might fare during the process only to be left with few conclusive answers. This ongoing uncertainty not only makes the divorce process seem lengthy and complex, and makes informed decisions difficult. At the law office of MacGillis Law Group, LLC, it is our goal as skilled Milwaukee divorce lawyers to ease the stress and fear caused by a divorce. We work hard to ensure you are well-informed on all aspects of the divorce process. We help you understand your rights and how the system works, with dedicated, compassionate representation through every step of the process.
What Should I Know About Divorce In Wisconsin?
Possibly one of the most significant aspects of Wisconsin family law is that Wisconsin is one of only nine states considered to be community property states, meaning that all property, income and debts acquired during a marriage are presumed to be marital property. Because one of the key purposes of the divorce process is to equitably divide property between spouses, this becomes important, as a spouse seeking to protect a particular asset as being their individual property must offer evidence showing that either
- It was acquired or purchased prior to the marriage;
- It was gifted to an individual spouse; or
- It was bequeathed via will solely to an individual spouse alone
However, property and assets meeting one of these three requirements may still become classified as marital property if it was used to benefit the marriage.
Because each spouse in a divorce action is entitled to half of the marital property, other issues often in dispute include:
- The value of non-cash assets—Determining the fair market value of the property such as ownership interest in a closely-held business, or a unique collectible, can be subject to many conflicting methodologies
- The division of assets—Sometimes an asset cannot be divided without causing it to lose value. It is also possible for such an asset, such as the family home, to represent more than 50% of the total marital assets.
If the spouses cannot reach an equitable property settlement agreement on their own, such as through mediation, or out-of-court negotiation, they must then litigate these issues before a judge