Wisconsin divorce cases require the petitioner to follow guidelines completely. To start the divorce, a petition is filed through Family Law in Waukesha WI. The petitioner must fulfill all residency requirements prior to filing the petition. They must provide an accurate address for the defendant. A family law attorney helps the petitioner meet these requirements.
Filing for a Divorce
In Wisconsin, petitioners are limited to one divorce ground, irretrievable breakdown. It indicates that the breakdown of the marriage wasn’t the fault of either party. However, to achieve an uncontested divorce, the defendant cannot contest it. Any case in which an agreement isn’t reached requires a trial to finalize the divorce.
Gaining Child Custody
Child custody arrangements are at the discretion of the parents initially. However, when the parties don’t agree on this issue, the court steps in to make a decision. The court evaluates each party to find the most appropriate setting for the child.
They identify any conditions that pose a threat to the child. For example, if there is an existing order of protection, the court must evaluate the conditions of this order. They review any progress made by the defendant to remedy these conditions. They also take any violations of this order into consideration.
After child custody is arranged, the court calculates child support. This support is based on the child’s needs and the income of both parents. The court identifies a value based on the earning potential of the non-custodial parent. The child support value may be modified later. Through Family Law in Waukesha WI area, the custodial parent can petition for an increase after one year.
Receiving Spousal Support
Alimony is awarded according to the lifestyle achieved during the marriage. The court evaluates the earning potential of the spouse who requested alimony. In some cases, the court may award temporary support or the full tuition cost for an educational program. Permanent alimony is paid until the spouse remarries or their earning potential increases significantly.
Wisconsin divorce cases require the parties to agree upon the terms. A failure to agree could lead to a trial. If a divorce trial is needed, it could take up to two years to settle the case. Petitioners who need help through Family Law in Waukesha WI should contact an attorney immediately.