Families are the building blocks of our society, and marriage is an institution on which we all rely. When this relationship dissolves, however, the parting spouses may need the assistance of lawyers and courts to handle the complicated issues that arise. The task of determining child support and child custody can be daunting for parents with young children, while dividing property in divorce often poses challenging questions to resolve. At Reddin & Singer, divorce attorney Terese J. Singer is experienced in representing individuals from Milwaukee and throughout Wisconsin who need assistance when a marriage ends.Dissolving a Marriage in Wisconsin
Family law matters may consist of negotiations between amicable parties, or they may unfold in contentious court proceedings. Generally, Wisconsin law attempts to provide a framework for dealing with the many problems that may arise at the close of a relationship. This state allows for a no-fault divorce, which means that neither spouse needs to show misconduct by the other to dissolve a marriage.
In determining the division of assets between two former spouses, Wisconsin courts use a community property system. The first step consists of deciding whether a certain asset is marital property, which typically has been obtained during the marriage, or whether it is separate property, which usually has been acquired before the marriage or after separation. Only marital property is subject to division upon a divorce, whereas each ex-spouse generally will retain his or her separate property. Factors that may affect the division of marital property include how long the marriage lasted, how much separate property belongs to each of the former spouses, how much property each of them brought into the marriage, what each of them contributed to the marital property, and the earning capacity of each spouse upon divorce.
Couples who separate after having children together may need to resolve the emotionally fraught issues of child custody and child support. Custody is comprised of two components. While physical custody refers to the time that a child spends with each parent, legal custody consists of each parent’s right to make important decisions during the child’s development, such as those involving education, religion, and medical treatment. Unless issues like domestic violence or substance abuse have played a role in the relationship, courts usually prefer parents to share custody of any dependent children. However, it may not be possible for an exactly even division of parenting time. If one former spouse has primary custody, the other former spouse may be required to pay child support. This is calculated by taking into account each parent’s income and amount of parenting time, as well as healthcare and daycare costs.
Spousal support, or alimony, may also be available if one of the former spouses will struggle to maintain his or her former quality of life based on his or her independent resources. Courts will consider the incomes and earning capacity of both individuals when making a determination on this issue. Moreover, both spousal support and child support can be adjusted by successfully petitioning for a modification if the financial situation of one parent or the other changes significantly.Discuss Your Family Law Issue with a Milwaukee Attorney
At Reddin & Singer, we understand the importance of protecting your rights during and after divorce. With over 30 years of experience advising individuals in Milwaukee and the surrounding area on child support and other family law matters, Terese J. Singer is a knowledgeable lawyer who can assist you in a thorough and compassionate manner. Whether you are looking for advice on how to smoothly navigate the process with minimal tension, or facing the prospect of an arduous court battle, we are available to help. If you have a family law question or concern, contact us online or call us at (414) 937-5081 for a free initial consultation.
- Child Custody and Visitation
- Child Support
- Grandparent Rights
- High Asset Divorce
- Impact of Domestic Violence
- Legal Separation
- Modification of Support & Custody
- Paternity Issues
- Premarital and Post-marital Agreements
- Same-Sex Divorce and Child Support
- Stepparent Adoption
- Temporary Orders