Wisconsin divorces are managed through the civil court in the petitioner’s county of residence. The couples should find a solution on their own when possible. If they cannot they could face a judgment based on the judge’s determinations. Divorce lawyers Mequon WI help these couples to manage this process as amicably as possible.
What Factors Apply to Property Division?
Marital property is considered community property in Wisconsin. This implies that each party has equal rights to the property accumulated during the marriage. The property should be divided in a manner that provides each party with an equal amount. The factors that apply to the division begin with the duration of the marriage and when the property was purchased. Any property that was purchased before the marriage will go to its rightful owner. However, if either party doesn’t possess the earning capacity to achieve the lifestyle they had during the marriage, the court could modify the judgment.
On the other hand, if the couple has a prenuptial agreement, it will apply to property division. If this includes certain conditions such as infidelity, these provisions apply. The full conditions outlined in the agreement is upheld by the court.
Reviewing Requirements for Alimony
Alimony is awarded according to a financial need for support. The duration of the marriage determines the value of the support. The division of property could also affect the value of alimony and its need.
The first concept the court considers is the earning capacity of each party. If their earning capacity is based on a lack of education, the court could require payment for an educational program. Completion of the program should increase their ability to generate an adequate income. The point of alimony is to allow each party to achieve the same capacity they had during the marriage.
Wisconsin divorces require equal division of the marital assets. This, in turn, could equate to the requirement of alimony based on the award given to each party. In some cases, additional property is awarded in lieu of alimony. Petitioners who need guidance should hire Divorce lawyers in Mequon WI by contacting Fraker Law Firm S.C.
