Wisconsin Divorce Legal Questions

Section 767.56 of the Wisconsin Statutes outlines the factors the court must consider in awarding maintenance (spousal support).  It depends what your facts are. Generally, if you are married more than 20 years (long term marriage), you can expect that the starting point for spousal support will be 50% of the available income for an indefnite period of time. If you are married less than 10 years (short term), absent exigent circumstnaces, you can probably expect the court will not award spousal support. In the area of 11-19 years of marriage, it depends what the facts are. Usually, in that length of marriage, one could expect to receive  maintenace for half the length of the marriage as a starting point, but it may not necessarily by 50% of the income, as it would be in a long term marriage. It really depends on what the facts are.... Read More

Remember that a divorce is only enforceable as to the two people getting divorced. Your landlord and other creditors can pursue whomever may be otherwise liable under the law (including both of you if you are both on the lease and/or under the legal obligation to provide necessities of life for a spouse, including housing). It is always dangerous to write up your own divorce. If you truly cannot afford an attorney, consider at least meeting with a self help desk near you. Otherwise, many firms and attorneys will do "limited scope representation" where they will draft documents for a set, flat fee.... Read More

If you need papers notarized, you are required to sign them in front of the notary, where, if they do not know you, will swear you in, ask for ID and use their notary stamp. The notary is not allowed to approve or notarize your signature  if you sign in advance and do not sign in front of the notary public.  Most banks have a notary on staff for a small fee, can notarize your document for you. In Milwaukee County, the MJC on the ground foor at the court house can also free of charge, notarize legal documents for you.... Read More

Generally speaking, in a marital property state, the property you brought in to the marriage remains your separate or individual property. The most the other spouse would be entitled to would be one-half the appreciation in value of the property during the term of the marriage. That said, get yourself an experienced family law attorney. It's almost always worth the investment.... Read More

Even though you have been apart for an extrordinarily  long period of time, you cannot get divorced in the state of Wisconsin, unless you have made a reasonable attempt to locate your spouse and have them personally served with the divorce papers. If you can establish to the court that the process server has made all reasonable attempts to personally serve the papers and your spouse cannot be located, in that event, the law (and court) will allow you to resort to "substituted service," where you publish notice in a newspaper and mail the papers to his last known address. When all three of those things have been accomplished by you, the court will allow you to proceed to a final divorce hearing. In regard to your second question, you can look at the Wisconsin Circuit Court web site on any civil or criminal case activity on either one of you; that would tell you if your spouse for any reason had previoulsy filed for divorce in Wisconsin.... Read More

While awarding maintenance is discretionary on the trial court's part, I would say it is probably going to be very difficult for you to get a maintenance award on a marriage as short as yours (almost 5 years). The family court  commissioner may give you some type of a limited temporary spousal support while you go through the divorce, but my opinion is you are going to be hard pressed to convince the trial judge that after such a short marriage, that you should get maintenance after the divorce. No one can promise you or guarantee you the result, of course, and another attorney may have a different opinion on the matter.  Some even take the position of "no maintenance" unless you are at least married 10 years to one another. I think every case is different and the facts and circumstances certainly could call for some type of a limited spousal support payment for a period of time, even on a shorter marriage.... Read More

You raise two issues of serious importance as you begin to think about getting a divorce from  your spouse. On the issue of your spouse "beating you,"  you can file for a civil domestic abuse injunction against him for him to keep away from you and have no contact with you for four years, if the injunction is granted. The injunction carries criminal sanctions if they violate the orders, including incarcertaion and fine. If the assault and battery was serious enough and you needed medical attention, have suffered an injury and are facing medical billls as a result, you have the right to consider filing a cilvil lawsuit against your spouse to sue them for your damages.        In regard to your being pregnant, you will not be able to complete the divorce case until after the baby is born. The normal running time in Wisconsin for a divorce is about 9 months anyhow, so by the time you are ready to completet the divorce, your baby should be here. You don't mention whether there is an issue or not of whether your husband is the father of the child. There is a legal presumption that he is the father, since you are married. If you are claiming he is  not the father, or he claims that, the divorce judge will not let you complete the divorce case until there is DNA testing of the two of you and the baby, to determine whether he is or is not the father. Some divorce judges even take it one step further and in the case where the husband is not the father, will make you complete a paterntiy action to establish legally who the father is, until your divorce case can be completed.        Assuming that your husband is the father and this is not an issue in your case, his battery of you and having engaged in domestic  violence is a factor in both custody and placement issues. The court may award you sole custody (complete decision making) based on the fact that he engaged in domestic violence against you, rather than the typical  joint custody. As for placement, the court may also restrict or order supervised placement with your husband, if they believe he is a threat to you and/or the baby.... Read More

In Wisconsin, gifts exchanged before or during the marriage between spouses is considered marital property. Gifts received from third parties will be excluded by law. The value of your diamond ring can be considered in property division. He doesn't automatically get the ring back. He is entitled to 50% of the value, as you are. The ring can be independently appraised to determine the value.... Read More

You should try your very best to find her address. (It's not always as hard as it appears. For example, lots of people move to California. You can get into the Motor Vehicle Bureau's records for small or no cost. You could also try some of the People Finder apps. on the web. These cost, but not a whole lot. A private investigator might set you back $500 to $1,000, but is the surest route. If you do hire an investigator, check with other people who have hired him or her: some of them are very good, and many are not.) If after you make diligent enough efforts you cannot locate her, the court will probably let you serve her with the divorce papers by publication in the state newspaper which has a contract with the state to publish legal notices, and also in the newspaper of largest circulation in the area where she lived most recently, based on your checking. Of course, hire a skilled divorce lawyer, who can take care of all of this for you, and give you advice and representation. It's almost always worth the investment.... Read More

Whether  you have children or not, you need to file a summons and petition for divorce to commence the divorce process; there are specific forms to use when you have children; for you to file in Wisconsin, you need to be a resident for 6 months and 30 days in the County you are filing in; for custody jurisdiction under the UCCJEA, you are required for the children to have resided here in this state as well for 6 months, which would make Wisconsin the "home state" for purposes of custody litigation.... Read More

The answer to your question is no; when you live together out of wedlock, you don't get the benefit of presumed equal property division, nor can you receive maintenance (what you called "palimony." Instead, the law allows equitable division of assets acquired together during your relationship. This is the rule in Wisconsin.... Read More

If you are going through a divorce, either of you can request an initial hearing before the family court commissioner to deal with temporary issues of support, payment of debts, and all other financial issues, while the divorce is pending.  Your military pay is one of the factors that the court will consider, when setting  appropriate finanical orders.... Read More

There is a 120 day waiting period in Wisconsin before you can be divorced; from your facts, having been presented the papers back in July, you are now past the statutory waiting period; if neither of you move the case along, the court on its' own motion, may dismiss the divorce case for lack of proper prosecution.... Read More

The answer to your question is yes; in fact, you need to do this as otherwise you could be found in contempt for failing to pay the court ordered support; you can either file a formal written stipulation  and order to temporarily relieve you of the obligation or alternatively, if your ex does not agree, file a motion with the court to be relieved of the obligation.... Read More

Go to city hall or by our county courthouse and tell any clerk that you want to obtain a marriage license. Bring your birth certificate. Your intended spouse should accompany you and also bring a birth certificate. Keep in mind that a fee is charged: in this country it is $145.00. Good Luck.... Read More