God's country. Rivers, meadows, lakes and small towns. And divorce. Yes, the vows aren't what they were generations ago. Don't despair, though. We promise that it gets better. Really. Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.

Wisconsin family laws assure orders in place covering the obligations of child support and health care. Wisconsin has a Bureau of Child Support, which provides help and guidance for collection and enforcement. This Office is a division of the Department of Health and Social Services. When courts are asked to make determinations of support, they will typically determine the answers to the following questions: 1. the financial resources of the child; 2. the standard of living the child would have enjoyed if the marriage had not been dissolved; 3. the physical and emotional conditions and educational needs of the child; 4. the financial resources, earning capacity, needs, and obligations of the parents; 5. the age and health

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of the child, including the need for health insurance; 6. the desirability

• Wisconsin Domestic Violence Aid and Resource
• Wisconsin Coalition Against Domestic Violence
• Wisconsin State Bar Association
• Wisconsin Parenting Plan Facsimile
• Wisconsin Department of Children and Families
• State Fact Sheets for Grandparents and Other Relatives Raising Children

of the parent having custody remaining in the home as a full-time parent; 7. the cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent; 8. the tax consequences to each parent; 9. the award of substantial periods of physical placement to both parents (joint custody); 10. any extraordinary travel expenses incurred in exercising the right to periods of physical placement; 11. the best interests of the child; and 12. any other relevant factors. If a marriage separation (sometimes referred to as a marital separation

or legal separation) has been decreed, the court may make further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

Wisconsin divorce statutes provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

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Child Custody

Who will get custody of the children? There is usually a verbal tug-of-war on this issue when a divorce process begins. Local courts, empowered by Wisconsin divorce statutes, are charged with making this decision with the "best interests of the child" in mind. That having been said, the reality is that mothers get physical custody awarded to them in about 75% of the cases (this IS much higher than in years past, reflecting a positive shift in the perception of Dads as primary care-givers). Courts can consider the following factors (and/or others not detailed here) in making a custody award. They include:

• The wishes of the child’s parent or parents. This can be reflected in an agreement by the parents, a proposed agreement by them, or any prior custody arrangement
• The wishes of the child. The child can express a desire personally or have it communicated by a court-appointed representative (for example a guardian ad litem). A child's desire can be considered but is not binding on the court

• The relationship the child has with his her parent(s), siblings or any other person who may significantly affect the child’s best interest
• The amount and quality of time that each parent has spent with the child
• The child’s adjustment to the home, school, religion and community
• The age of the child and the child’s developmental and educational needs at different ages
• The age of the child and the child’s developmental and educational needs at different ages
• Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child’s intellectual, physical, or emotional well-being
• The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child

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• The availability of public or private child care services
• The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party
• Whether each party can support the other party’s relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child’s continuing relationship with the other party
• Whether there is evidence that a party engaged in abuse
• Whether there is evidence of inter spousal battery
• Whether either party has or had a significant problem with alcohol or drug abuse
• The reports of appropriate professionals if admitted into evidence
• Any other factors as the court may deem relevant

Visitation/Co-Parenting

The parties to a dissolution (divorce) or separation have the opportunity to agree to a visitation schedule which includes the details of the non-custodial parent's time with the children. If the parties cannot agree, the court will impose a visitation schedule that will likely include: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah

and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father,Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. You may wish to get very detailed in the visitation schedule about what is acceptable and what is not. Consider the following: How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be

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Alimony/ Maintenance/ Spousal Support

Alimony or maintenance is a hotly contested issue during a divorce. Both sides often want diametrically-opposed rulings. A court will determine by examination the needs of each spouse and can award temporary or permanent alimony of it deems it fair and reasonable. Note: if one parent stayed home to raise children while the other worked outside the home, the court will often treat the stay-at-home efforts to be equal with respect to each parent's contribution to the marriage. Some of the factors a court might examine are:

• The financial resources of the party seeking support;
• The financial resources of the party seeking support;
• The time necessary to acquire sufficient education or training to enable the person seeking support to find appropriate employment;
• The standard of living established during the marriage;
• The duration of the marriage;
• The contribution of each spouse to the marriage;
• The age, physical and emotional condition of the spouse seeking support, and;
• The ability of the payer spouse to meet his needs while meeting the needs of the spouse seeking support.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

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Grounds For Divorce

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Marriage Annulment
Marital Annulment

A marriage annulment (aka a marital annulment) is a determination by the court voiding the marriage as if it never existed. A marriage can be voidable if either you or your spouse were 1. Already married to someone

else at the time of the marriage, 2. Too young to be married, 3. Close blood relatives (whether or not you knew it), 4. under the influence of drugs or alcohol, 5. Lying about addictions or STD's, 6. Inability to consummate the marriage.

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Marriage Counseling/
Mediation

court may order mediation to resolve differences. Included may be a requirement that the parents submit to a parental education program so that the parties understand the effects of divorce on children.

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Legal Separation/ Marital Separation

Filing for a legal separation is much like the process of dissolution (divorce). A petition must be submitted citing grounds. The spouse must be served. orders will

be made for property division, maintenance (alimony), child support, child custody and placement (visitation). The couple will live separately in every way except marital status. Legal separation (sometimes called a marital separation) is sometimes pursued

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Waiting Period

Wisconsin divorce statutes provide that 120 days must have elapsed from either the time the defendant is served with the summons, or from the date of filing of a joint petition before

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Grandparents Rights

Federal law allows grandparents to petition the court for visitation. The court determines if visitation is in the best interest of the children. It is generally suggested that grandparents petition the court (or have the parents of the children agree to a visitation schedule) during the divorce process, as it often reduces or eliminates legal expenses by avoiding a separate legal proceeding. In determining visitation

by grandchildren to grandparents, the court considers the following factors:

• The child is a non-marital child whose parents have not subsequently married each other
• Except as provided in sub. (4), the paternity of the child has been determined under the laws of this state or another jurisdiction if the grandparent filing the petition is a parent of the child’s father

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Divorce Settlement

Wisconsin is considered a “Community Property” state. If you and your spouse are unable to reach a divorce settlement of your marital assets and debts, the courts will do so, and will consider all property acquired during the marriage to be jointly owned. The court will impose a settlement of its own, and will divide those assets equitably, regardless of how a particular asset is titled or in whose

• name the asset exists. Wisconsin courts can take into consideration the following:

• The contribution of each spouse to the acquisition of the marital property;

• The value of each spouses separate property;The duration of the marriage;

• The age and health of the parties;

  The amount and sources of income of each party;
• The standard of living established during the marriage
• Any other relevant factor
• The amount and sources of income of each party;
• The standard of living established during the marriage
• Any other relevant factor

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce. Consult Virginia divorce statutes or your attorney.

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Residency Requirements

In order for a divorce action to proceed, one of the marital partners must have lived in Wisconsin for a minimum of six months. For an individual to file in a particular county, divorce laws stipulate a person must demonstrate residency in that county for a minimum of thirty days.

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