KENOSHA, RACINE, & WALWORTH DIVORCE ATTORNEYS
THREE GENERATIONS SERVING YOU
DIVORCE ATTORNEYS SINCE 1970
The attorneys at Anderson & Anderson Law Office, S.C. understand that divorce is an emotionally and financially difficult period in one's life. When thinking about divorce, one should seek the best council to help them navigate the rough waters of divorce. Anderson & Anderson has been practicing family law in Kenosha, WI, since 1970. The attorneys at Anderson & Anderson have years of experience and use that vast experience to fight for the best interest of their clients and their clients' children. Anderson & Anderson has handled multimillion dollar cases involving division of assets including large or small businesses and complex retirement accounts. Attorney Thomas W. Anderson Jr.'s accounting background provides our clients with an added area of expertise and experience that many other family law attorneys do not have. The attorneys at Anderson & Anderson always attempt to to resolve cases by coming to an equitable agreement first, but they have the skills to litigate a case if necessary.
DIVORCE BASICS
Wisconsin is a no-fault divorce state; meaning, the irretrievable breakdown of a marriage is the only ground for divorce. Because of the no-fault standard, one spouse does not have to prove that the other spouse was unfaithful, deserted the other, or there was some other failing by the other spouse. The State will declare jurisdiction over a divorce if certain residency requirements are met. A couple can file for divorce in Wisconsin if they have been a resident of the state for at least six months and a resident of the county where the action is filed for three months. The fastest divorce will take one hundred and twenty days after filing, the statutory imposed waiting period. There are three major components to any action of divorce: (1) property division, (2) maintenance, and (3) matters pertaining to children.
Actions Affecting the Family: Wisconsin State Statutes regarding divorce -
http://docs.legis.wisconsin.gov/statutes/statutes/767.pdf
Actions Affecting the Family: Wisconsin State Statutes regarding divorce -
http://docs.legis.wisconsin.gov/statutes/statutes/767.pdf
DIVORCE TRACKER
Where are you in the divorce process? The skilled attorneys at Anderson & Anderson Law Office, S.C., with three generations of experience behind them, will walk you through each step of the divorce process. If you have questions about starting a divorce action, or have questions about where your case is heading, give us a call! This process chart gives a general outline of divorce action in the state of Wisconsin. The procedures may vary from county-to-county and case-by-case. Click the link icon to the right for more information on the steps!
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PROPERTY DIVISION
Perhaps one of the most complex portions of any divorce proceeding, competent, skilled, and experience council is of the upmost important. The attorneys at Anderson & Anderson have the experience to understand the most complex property divisions. The office has helped council clients through multimillion property divisions involving businesses and complex retirement accounts.
Wisconsin is a community property state, marital property will be divided equally between two spouses. If it is shown that property is acquired before the marriage, gifted, or inherited, that property is not subject to property division. The courts, at their discretion may alter the equal division of property presumption if certain factors are met by the party.
Wisconsin State Statute § 767.61
Wisconsin is a community property state, marital property will be divided equally between two spouses. If it is shown that property is acquired before the marriage, gifted, or inherited, that property is not subject to property division. The courts, at their discretion may alter the equal division of property presumption if certain factors are met by the party.
Wisconsin State Statute § 767.61
MAINTENANCE
The attorneys at Anderson & Anderson will advocate the best interests of our clients through every step of divorce. Because there is no specific calculation for determining maintenance, the skilled attorneys at Anderson & Anderson will provided the best argument in support of or against maintenance.
Maintenance (spousal support / alimony) is payment from one spouse to the other to help lower the financial stress commonly associated with a divorce. It is designed to help assist the more financially dependent spouse. Either spouse may request maintenance from the other regardless of what caused the breakdown of the marriage. A court can order maintenance payments for a temporary period of time or for an indefinite period of time after considering a number of statutory factors including the length of the marriage, the age and physical and emotional health of the parties, the division of property, the education level of each party, the earning capacity of the party seeking maintenance, the feasibility that the party seeking maintenance can become self-supporting, any mutual agreement made before the marriage, contributions to education, etc.
Wisconsin State Statute § 767.56
Maintenance (spousal support / alimony) is payment from one spouse to the other to help lower the financial stress commonly associated with a divorce. It is designed to help assist the more financially dependent spouse. Either spouse may request maintenance from the other regardless of what caused the breakdown of the marriage. A court can order maintenance payments for a temporary period of time or for an indefinite period of time after considering a number of statutory factors including the length of the marriage, the age and physical and emotional health of the parties, the division of property, the education level of each party, the earning capacity of the party seeking maintenance, the feasibility that the party seeking maintenance can become self-supporting, any mutual agreement made before the marriage, contributions to education, etc.
Wisconsin State Statute § 767.56
MATTERS PERTAINING TO CHILDREN
PLACEMENT:
Commonly, the matters pertaining to the children of a marriage is the most emotional. A skilled and experienced attorney, such as the lawyers at Anderson & Anderson Law Office, S.C., will help you through the difficulties of such matters. Wisconsin follows the best interest of child standard. The courts will look towards certain factors in determining placement and custody of children, such as, but not limited to, the wishes of the child and parents, the amount of quality time the parent has spent with the child in the past, the child's adjustment to home and school, the age of the child, and whether the parties can support the other's relationship with the child. The court will set a placement schedule that allows the child to have meaningful periods with each parent which maximizes the amount of time the child may spend with each parent. Wisconsin State Statute § 767.41 |
CUSTODY:
The matters pertaining to the children of a marriage can often become the most emotional. A skilled and experienced attorney, such as the lawyers at Anderson & Anderson Law Office, S.C., will help you through the difficulties of such matters. Wisconsin follows the best interest of child standard. The courts will look towards certain factors in determining placement and custody of children, such as, but not limited to, the wishes of the child and parents, the amount of quality time the parent has spent with the child in the past, the child's adjustment to home and school, the age of the child, and whether the parties can support the other's relationship with the child. Based on the factors and in the eye of the best interest of the child, the courts may order joint or sole legal custody of minor children. The courts will presume that joint legal custody is in the best interest of the child unless there is a showing that an exception to the presumption is met by the preponderance of the evidence.
Wisconsin State Statute § 767.41
CHILD SUPPORT:
Child support is the obligation to support a minor child. The court will determine a parent's monthly income available for child support by examining the parent's annual gross income. The court then allocates a percentage of the gross income to be made child support in accordance with the Wisconsin Administrative Code.
Child Support Percentage of Income Standard - DCF 150
GUARDIANS AD LITEM (GAL)
The GAL's role is to represent the best interests of the children as determined by the GAL through an investigation. For more information, check out our blog post by following clicking the image below:
The matters pertaining to the children of a marriage can often become the most emotional. A skilled and experienced attorney, such as the lawyers at Anderson & Anderson Law Office, S.C., will help you through the difficulties of such matters. Wisconsin follows the best interest of child standard. The courts will look towards certain factors in determining placement and custody of children, such as, but not limited to, the wishes of the child and parents, the amount of quality time the parent has spent with the child in the past, the child's adjustment to home and school, the age of the child, and whether the parties can support the other's relationship with the child. Based on the factors and in the eye of the best interest of the child, the courts may order joint or sole legal custody of minor children. The courts will presume that joint legal custody is in the best interest of the child unless there is a showing that an exception to the presumption is met by the preponderance of the evidence.
Wisconsin State Statute § 767.41
CHILD SUPPORT:
Child support is the obligation to support a minor child. The court will determine a parent's monthly income available for child support by examining the parent's annual gross income. The court then allocates a percentage of the gross income to be made child support in accordance with the Wisconsin Administrative Code.
Child Support Percentage of Income Standard - DCF 150
GUARDIANS AD LITEM (GAL)
The GAL's role is to represent the best interests of the children as determined by the GAL through an investigation. For more information, check out our blog post by following clicking the image below:
The information on this site is not legal advice. Please contact an attorney for advice regarding your situation. Do not send any confidential information to us until an attorney-client relationship has been established.