Divorce and Family Law: Frequently Asked Questions

1. Why do I need an attorney to handle my divorce?

The court system is complicated. People who are not familiar with the system will have a difficult time figuring out how to file the necessary pleadings and obtain the necessary court dates required to formalize a dissolution. Not having an attorney can result in countless hours wasted in court or trying to complete the required paperwork. Attorneys know the laws and they know the system. They can handle your case much more efficiently than you would be able to yourself. Furthermore, there is a lot of "bad information" out there. Family law cases are very fact specific. Your friend or family member's prior divorce case may not be representative of the norm. Chances are that the outcome of your case will be different than that of your friend or family member's case. Relying upon information you receive from non-attorneys who have their own personal experience with the family courts could result in you having unrealistic expectations for your own case. Consulting with an attorney who specializes in family law is the only way to be assured that you are receiving accurate information and setting realistic goals for the outcome of your case.

2. What makes me eligible to get divorced in the State of Wisconsin?

In order to get a divorce in Wisconsin, either you or your spouse must have been a resident of the State of Wisconsin for six months prior to bringing your case before the court. Additionally, either you or your spouse must have been a resident of the county in which the case will be brought for at least thirty days prior to the filing of your divorce petition.

3. What are the grounds for divorce in the State of Wisconsin?

Irretrievable breakdown and breakdown of marriage are the only grounds for divorce in Wisconsin. The fault based system for divorce was abolished by the Wisconsin legislature in 1977.

4. How will my property be divided?

Wisconsin is a community property state. This means that the property of the marriage will likely be divided equally between husband and wife. However, there are exceptions to this rule, and you should consult an attorney to determine whether the property in your case is likely to be divided equally.

5. Will I have to pay child support? How much?

Generally speaking, the parent who does not have primary custody of the minor child or children of the marriage will be required to pay some amount of child support. The guideline amounts for child support are as follows:

• 1 child – 17%
• 2 children – 25%
• 3 children – 29%
• 4 children – 31%
• 5+ children – 34%

All amounts are percentages of gross income. There are, however, instances in which a court will deviate from these child support guidelines. Again, an attorney should be consulted to determine whether the facts in your case warrant a deviation from the guideline amounts.

6. How soon after my divorce can I get married again?

Pursuant to Wisconsin law, it is unlawful to marry again until six months after the judgment for dissolution is granted. That judgment is the final order entered by the court at the conclusion of the dissolution proceedings, and it is effective immediately upon being granted.

For more information, go to the Wisconsin State Bar Association website: http://www.legalexplorer.com/legal/legal-QA.asp?PositionPoint=13&Sid=13&Qid=2#quest