Divorce in Wisconsin: The Legal Process, Your Rights, and What to Expect - Softcover

Vanden Heuvel, Linda

Softcover

ISBN 10: 194049513X ISBN 13: 9781940495132

Verlag: Addicus Books, 2015

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Wisconsin, this guide provides answers to 360 queries such as What is the mediation process in Wisconsin and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding in the state of Wisconsin.

Über diesen Titel

Über die Autorin bzw. den Autor

Linda S. Vanden Heuvel is a lawyer who has practiced family law for more than 30 years, representing parties in cases involving divorce, legal separation, annulments, custody and placement, child support, and prenuptial and postnuptial agreements, among others. She lives in Germantown, Wisconsin.

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Divorce in Wisconsin

The Legal Process, Your Rights, and What to Expect

By Linda S. Vanden Heuvel

Addicus Books, Inc.

Copyright © 2015 Linda S. Vanden Heuvel
All rights reserved.

ISBN: 978-1-940495-13-2

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with Your Attorney, 
4 Attorney Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Emergency: When You Fear Your Spouse, 
8 Child Custody and Placement, 
9 Child Support, 
10 Maintenance, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeal Process, 
17 After the Divorce Is Final — Steps to Take, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
Index, 
About the Author, 

CHAPTER 1

Understanding the Divorce Process

The process of ending a marriage often creates feelings of anxiety and fear of the unknown. However, understanding divorce procedure can bring some predictability which, in turn, will provide you with a greater sense of confidence and comfort, and a footprint for the steps to reaching a successful resolution of your divorce.

It is important to develop a basic understanding of the divorce process. This knowledge will lower your anxiety if your attorney or the court starts using words or phrases you do not understand. It will help reduce your frustration about the length of the process because you will be equipped to recognize the reasons supporting each step and procedure. Sometimes just realizing that you are completing the steps of the divorce process can bring reassurance that progress is being made toward the final resolution of your divorce.

It is also important to note that your emotions, as well as the emotions of your spouse, may also drive the process. You are strongly encouraged to use good sense and reasoning to make divorce decisions and to refrain from letting the hurt and pain that follows the end of a relationship be the guide to your decision making. You are encouraged to seek guidance and therapy if needed.

Making decisions based on common sense and factual information, not anger and emotion, will speed the resolution of your divorce and will make Wisconsin's no-fault divorce process easier.

The purpose of Divorce in Wisconsin is to provide you with an understanding of the divorce process and procedure, to reduce frustration with the length of the divorce process, and to increase your awareness of the steps necessary to conclude your divorce in a successful manner.

1.1 What steps are taken during the divorce process?

If you are initiating the divorce, the divorce process in Wisconsin typically involves the steps listed below:

• Obtain a referral for a family law or divorce attorney. Ask for specific referrals to attorneys who are experienced and knowledgeable in divorce law.

• Schedule an appointment with a divorce attorney. You may want to interview more than one attorney to determine which attorney will best meet your divorce needs.

• Prepare questions and gather basic documents for your initial consultation (more about these documents later).

• Meet with an attorney for an initial consultation.

• When you decide to retain a particular attorney, you will pay a retainer to your attorney and sign a written retainer or legal services agreement.

• Provide any additional requested information and documents to your attorney. Take other actions, as advised by your attorney.

• Your attorney will prepare a summons and petition for divorce. The petition will require your signature.

• After discussion with your attorney, a determination will be made whether a temporary hearing is necessary in your case. A temporary hearing is a hearing before a family court commissioner to decide temporary issues until the divorce is finalized. Issues that may be addressed at the temporary hearing include child support, maintenance, placement, allocation of debt, and/or attorney fee contribution. If it is determined that a temporary hearing is needed in your case, your attorney will prepare the necessary documents to schedule the hearing. Those documents will then be filed with the clerk of court in the county where your divorce is filed, along with the summons and petition for divorce.

• After pleadings, formal written documents, have been filed and a temporary hearing date scheduled, the pleadings must be served on your spouse.

• There are different ways to accomplish service. Your attorney will discuss your service options with you. You have ninety days after the filing of the summons and petition to serve the pleadings on your spouse. One sixty-day service extension may be granted by the court. If either party receives public assistance, a copy of the summons and petition must also be served on the county child-support agency.

• If you are the spouse served with divorce papers, the foregoing process will also apply to your situation. However, rather than filing a summons and petition for divorce, your attorney will prepare a response and counterclaim to the summons and petition, which is due twenty days after the service of the summons and petition. You may also request a temporary hearing if necessary in your case.

• Financial information must be provided to your attorney in advance of any temporary hearing. Information to be provided includes, but is not limited to, W-2s, tax returns, recent payroll stubs, your budget, a listing of all assets and liabilities, life insurance, and inherited and gifted property.

• Negotiations are generally conducted relative to the proposed terms of the temporary order on matters such as custody, placement, support, maintenance, payment of debts, and temporary possession of the family home. If you can reach a temporary agreement with your spouse, a stipulation setting forth the terms of your agreement will be drafted. If settlement cannot be reached on temporary issues, your attorney will likely prepare financial statements, maintenance and child-support calculations, and budgets for presentation at the temporary hearing.

• A temporary hearing is held if you and your spouse cannot reach agreement.

• A temporary order is prepared by the family court commissioner, court, or one of the attorneys, approved as to form by the other attorney, and submitted to the court for filing.

• If you have minor children, you and your spouse must attend a parent education class, develop a parenting plan (if custody or placement is in dispute), and participate in mediation. Generally, in Wisconsin the issues of custody and placement must be resolved before the court will address financial issues.

• Both parties will conduct discovery to obtain information regarding all relevant facts. Discovery is the obtaining of information from the other party which is necessary to settle or try a case. Discovery includes formal requests for information, as well as informal discovery, which is merely a request from one attorney to the other for documents and information.

• Valuations of all assets will be obtained, including real estate, retirement accounts, vehicles, investments, and business valuations. Sometimes it is necessary to hire appraisers and/or...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2015
• Sprache: Englisch
• ISBN 10: 194049513X
• ISBN 13: 9781940495132
• Einband: Taschenbuch
• Anzahl der Seiten: 296
• Kontakt zum Hersteller: preigu GmbH & Co. KG; mail@preigu.de; ; Lengericher Landstr. 19; Osnabrück; Niedersachsen; 49078; Deutschland