If you're going through a divorce, you need a strong advocate on your side who will look after your best interests. Contact Cervera Garcia Law Offices LLC. and speak with one of our attorneys. You can count on aggressive legal representation that puts your interests to the forefront while you work on regaining your peace of mind.
How Can I Obtain a Divorce?
As a purely no-fault divorce state, the only ground necessary for divorce in Wisconsin is that the marriage is irretrievably broken. A legal separation can be converted into a divorce by one or both spouses after at least one year of separation.
The divorce process begins by filing a Petition for Divorce in the Circuit Court. Once filed, a minimum of 120 days must pass before a divorce can be finalized.
After the minimum 120-day “cooling-off” period, the court will hold a hearing. If all outstanding issues have been resolved, the court can approve a Marital Settlement Agreement. If a couple cannot agree on how to settle their marriage, a trial date will be set for the court to make the final determination. The court will consider evidence presented by either party to reach a fair outcome.
If the court’s decision seems unfair or proves unworkable, two options are available. First, the court can be asked to reconsider its decision. Second, the court’s decision can be appealed to the Wisconsin Court of Appeals.
What is Spousal Support?
When spousal support is being decided, the courts consider several factors. While the court accounts for matters related to the support-seeking spouse’s ability to maintain a living upon divorce, they will also focus on certain things, including the length of the marriage, the capacity of either spouse to earn a living, and if one spouse has stopped working to raise the couple’s child or children.
How Is Spousal Support Paid?
To guard against any lax or missed payments, courts may issue a wage assignment order, which stipulates that employers automatically deduct a predetermined amount from the supporting spouse’s paycheck every time he or she gets paid. If such an order cannot be issued, courts may issue different, and often more extreme, measures to ensure maintenance payments are made.
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Trust our team to help you through every step of the divorce process. With our over 19 years of experience, you can count on Cervera Garcia Law Offices LLC. to help you reach a workable divorce arrangement with your spouse.