Spouses preparing for divorce in Wisconsin may have many questions about the process. People tend to worry about their parental rights and their finances when they contemplate divorce. Information shared by well-intentioned friends and family may give people unrealistic expectations about the divorce process.
This is particularly true if those people have no hands-on experience with divorce or ended a marriage in another state. The laws in Wisconsin are somewhat different from the laws in many other domestic jurisdictions. If spouses don’t settle property division matters amicably on their own, then they have to take their concerns to family court. Judges have the final say in litigated or contested family law matters. They learn about specific family circumstances and then apply state law.
Wisconsin has a community property statute
Many states have adopted equitable distribution statutes. Technically, Wisconsin is in the minority because it has a community property law for asset division during divorces. However, upon closer inspection, that community property statute is actually quite similar to the equitable distribution laws in places nearby in Michigan and Illinois.
The community property rule requires that judges begin with a presumption that a 50/50 division of assets is likely reasonable. However, spouses have the option of presenting evidence that their circumstances justify making adjustments to that even division of marital property and debts.
Factors including the duration of the marriage, the health of both spouses and any separate property they own could potentially make a 50/50 division of assets unfair. Provided that the spouses can convince a judge that an even division is inappropriate, the judge can allocate more debts or property to either of the spouses.
Property division proceedings are complicated, and predicting an outcome is all but impossible. The only way to be sure of securing specific terms is to reach an agreement outside of court. Spouses can agree to a 50/50 distribution of their assets or they can set whatever terms they both agree are fair.
Those who intend to litigate their divorces may need to learn more about the law and discuss their family circumstances at length with a skilled legal team to establish a viable strategy. Knowing what to expect during a Wisconsin divorce can help people better protect themselves during a difficult time.