Burgfechtel & Parent - Wisconsin Divorce Law

---

What is the process for obtaining a divorce?

Every state has its own laws for obtaining a divorce and for that reason, although our attorney’s are licensed in multiple states, we limit our family law practice to Wisconsin. The first step in a divorce is the decision by one or both of the parties to get divorced. Although technically not part of the legal process, how this decision is made may substantially effect the process and the outcome of the divorce. Before making your intentions known, you should consult with one of our family law lawyers so that you can make sure you do not inadvertently make your divorce more complicated.

Initially, a divorce action may seem complicated and confusing, but our family law lawyers will separate out all of the issues in your case and we think you will find the process less difficult.

There are three major areas in a divorce action:

Property Division
Maintenance
Children’s Issues

Property Division

Many people believe that in Wisconsin the division of the martial estate needs to be 50/50 or equal. This is not true. The division of the marital estate has to be fair and equitable. This is different from equal. Equal is a mathematical function, whereas fairness is a concept which cannot be specifically defined, yet most people still understand.

The division of the marital estate includes dividing up the assets, debts, personal property, business ventures, retirement accounts and other items of property. Although you may not consider a debt as an item of personal property, it is still considered in the division of the marital estate.

Certain assets such as gifts and inheritances are often not considered part of the marital estate, yet they can still be considered when determining a fair and equitable division of the marital estate. Again, it is fairness and equity that are the cornerstones to any divorce action. At the Law Offices of Burgfechtel & Parent our family law lawyers will help you determine a division of the marital estate that is fair and equitable and that makes sense under all of the circumstances. In most cases, our client’s receive all of the assets and personal property that are important to them.

Maintenance

Spousal maintenance, previously known as alimony, is a cash payment from one spouse to the other. The concept of maintenance comes from the fact that sometimes it is necessary to order one spouse to pay money to the other spouse at the termination of a marriage to avoid an unfair result. Keep in mind that a marriage is a lifelong contract. Because of this lifelong contract, one party may make a personal sacrifice which results in a better situation for the couple. For example, if two people are each earning $20,000 per year in Madison and one party gets a job offer in Rhinelander for $50,000 per year, it would obviously make sense for the couple to move. Unfortunately, because Rhinelander has a relatively limited job market, the other party may only be able to obtain part-time work earning $10,000 per year. This still results in the marital unit earning $60,000 per year in Rhinelander as opposed to $40,000 per year when they lived in Madison. However, upon divorce the party who was making $20,000 per year and took a $10,000 per year pay cut because it was better for the couple might certainly feel that it would not be fair to simply grant a divorce without ordering some type of maintenance.

The major factors that the court considers when determining whether maintenance is appropriate include the length of the marriage, actual earnings of the parties, and earning capacities of the parties. The other factors that the court considers include the physical and emotional health of the parties, educational level of each party at the time of the marriage and at the time of the divorce, tax consequences to each party, prenuptial agreements, and other similar factors. Ultimately, the determination of maintenance is based upon what the court believes is necessary to be fair and equitable to both parties under all of the circumstances. Obviously, the granting or denial of maintenance is a very big deal and can seriously effect one’s ability to be self-sufficient after the divorce; therefore, the advise of a competent family law lawyer is essential.

Children’s Issues

There are three major children’s issues:

Legal Custody
Physical Placement
Child Support