Divorce FAQs

What is the standard for getting a divorce in Wisconsin?
In Wisconsin, the standard for getting a divorce is that there has been an irretrievable breakdown of the marriage. This is a no fault standard, meaning that neither spouse needs to be at fault in causing the breakdown of the marriage.

How will our property be divided?
The presumption in Wisconsin is that all marital property is divided equally between husband and wife (50/50 split). However, there are factors that allow the court to deviate from the equal distribution standard.

What is a collaborative divorce?
Collaborative divorce is a special process for obtaining a divorce that does not involve the court system. The parties agree that they will not use the court system and will instead rely on the special process to obtain a divorce. If either party decides to use the court system during the process, the collaborative process ends and the parties must get new attorneys.

We had children during our marriage. What is custody and who will get custody of the children?
In Wisconsin, custody is presumed to be joint between the parents. This means that each parent will have an equal role in the decision making concerning the children, i.e. what schools the children attend, their healthcare providers, etc.

What is placement?
In contrast to child custody, placement is the amount of time that each parent gets to spend with the child. In some cases, child placement may be shared equally between the parents and in other cases, one parent may be awarded primary placement.

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How is child support determined?
In Wisconsin, like most states, child support is determined by a statutory formula that considers a number of factors including the number of children that were born during the marriage, placement, and the special needs of the children.

What is maintenance?
Maintenance is spousal support. It is a court ordered payment from one spouse to the other. There are a number of factors that the court must consider to determine how much maintenance is appropriate including, the length of the marriage and the amount of money each spouse earns.


 

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W238 N1660 Busse Rd.
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Waukesha, WI 53188
Phone: 262-446-9999
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pjm@milaegerlaw.com

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Waukesha County
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