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What to Expect When You Are Filing for a Divorce in Waukesha, WI

If you’ve recently decided to start the divorce process in Wisconsin, you may be feeling overwhelmed, especially if debt or children are involved. Luckily, you don’t have to face these challenges alone.

At Schwei & Wendt, S.C., we’re ready to advise you on the divorce process so you can make the most informed decisions for your future. Reach out to our office in Waukesha, Wisconsin, to schedule a free consultation. We work with clients throughout the area, including those located in Brookfield, Delafield, Hartland, and New Berlin.

Wisconsin Divorce Requirements

In order to file for divorce in Wisconsin, either you or your spouse must:

  • Have been a Wisconsin resident for at least six months; and

  • Have been a resident of the county you wish to file in for at least 30 days.

Once your divorce has been filed, you and your spouse will enter into a 120-day waiting period until a final court hearing can occur. The court cannot grant a divorce in Wisconsin until it has been 120 days since:

  • You or your spouse received notice of the divorce that one of you filed; or

  • You both filed a joint petition together.

The court must find that the marriage is “irretrievably broken” with no possibility of reconciliation. Because Wisconsin is a “no-fault” divorce state, the court does not require specific details as to why you’ve decided to file for divorce, just the assertion of incompatibility and the impossibility of reconciliation in the future.

Addressing Debt Problems

Going through a divorce is tough enough. When issues surrounding debt and marital property are added to the mix, it can make things even harder. You want to make sure you’re getting a fair deal while also avoiding a contentious situation with your soon-to-be ex-spouse.

Wisconsin is a community property state, meaning courts divide marital assets and marital debt 50/50 between divorcing spouses. Marital debts include any debts incurred during the extent of your marriage. Even if your spouse singlehandedly accrued the debt, you can be held equally responsible for it.

You have the option to contest marital debts. Our team at Schwei & Wendt, S.C. is ready to help you do so. Reach out to us if your divorce involves any of the following:

  • Credit card debt

  • Student loan debt

  • Mortgage debt

  • Auto loan debt

  • Medical debt

If you and your spouse cannot agree on a debt settlement, your case may need to go to trial. Our divorce attorney has years of litigation experience and is prepared to put it to work for you.

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Determining Child Custody & Support

Divorce causes a major shift in your family’s structure. If you have children, you want to make sure their best interests are protected. Working with a compassionate attorney can help ease your worries when addressing things like child custody arrangements, visitation rights, and child support orders.

Child Custody in Wisconsin

Child custody disputes are some of the most emotional and overwhelming aspects of divorce. When they can’t be settled out of court, they are typically taken before a judge, who determines an arrangement based on what he or she infers are the best interests of the child.

Custody is not as simple as deciding which parent will raise a child. It is broken down into multiple forms, including:

  • Physical custody

  • Legal custody

  • Sole custody

  • Joint custody

No parent wants to endure a custody dispute. If you’re looking to avoid a custody hearing, consider hiring an attorney to help you iron out a parenting plan. At Schwei & Wendt, S.C., we can work with you and your child’s other parent as you seek a mutually beneficial solution.

Child Support in Wisconsin

Wisconsin courts look at a variety of factors when assigning child support, including:

  • The income of each parent

  • The amount of time the child spends with each parent

  • Whether either parent is supporting other children

  • Each parent’s ability to earn an income

The amount of child support a parent is assigned is based on a percentage of his or her income and the number of children being supported. These percentages, however, are not set in stone. A skilled divorce attorney can help you advocate for a different amount based on your specific circumstances.

The Dedicated Advocacy You Deserve

During this time of certainty, you deserve confident and capable representation. Let our divorce attorney at Schwei & Wendt, S.C. help you pursue a brighter future for your family. From our office in Waukesha, we’re proud to serve families throughout Wisconsin, including those in Brookfield, Delafield, Hartland, and New Berlin. Contact us today to set up a free consultation.

What to Expect When You File for Divorce in Waukesha, Wisconsin

Going through a divorce is never easy, but understanding what it entails may help ease your worries. For compassionate and intelligent advice on the Wisconsin divorce process, get in touch with our attorney at Schwei & Wendt, S.C. Whether you live in Waukesha or anywhere else across the state, we’re ready to help you start moving forward.