When It Is Time To Divorce
Many of the aspects of a divorce are difficult. You may be emotionally upset, making the statutory legal terminology more difficult to understand. Our attorneys at Thelen & Associates LLC understand, and we help you work through the legal process with experienced counsel and advice.
If you have children, filing for divorce will create a different family relationship than that of your marriage. But in most cases, it is a relationship that will continue for years, and you want to create the best family relationship you can for your children’s future.
Divorce law in Wisconsin is no-fault, so you do not need to prove your spouse was at fault in order to file, and there is no separation period required. However, there is a 120-day cooling off period after a filing before a divorce can be granted, so even in an uncontested divorce, where both parties agree on all of the terms, the process will take at least four months.
In a divorce without children, the property division element of your agreement is likely to be paramount. You need to divide your assets and debts according to the marital property laws of Wisconsin. Depending on your circumstance, that may be relatively straightforward or quite complex. From high-asset cases to high-debt cases, our attorneys at Thelen & Associates LLC can help you with this calculation and this process.
We can help you determine your marital and separate property. Because Wisconsin is a marital property state, property acquired during the marriage is typically divided in a 50-50 fashion. However, there may be some exceptions, known as separate property, which often consists of gifts or inheritances and is not divided.
The complexity occurs in determining whether property is marital or separate, as separate property can be converted into marital property by actions during the marriage. Our attorneys understand how to analyze this material and provide clear arguments as to the nature of specific property.
There are times when a married couple’s relationship has failed, but because of religious, financial or other reasons, they do not want a divorce. In Wisconsin, a legal separation may be obtained.
This separation does not end the marriage, and neither spouse may remarry, but it creates the rules for handling their assets and debts and if they have children, all of the custody, placement and support requirements necessary. Our lawyers can help you if you are facing this situation and work with you to create an agreement for legal separation that meets your needs.
An annulment may be appropriate in very limited circumstances. Our attorneys can discuss the factors necessary to obtain an annulment as well as the pros and cons involved. This is a legal process and is different than an annulment obtained in a religious context.