Brazil & Benske, LLC

Milwaukee Family Law Blog

Is Wisconsin a community property state?

When it comes to the distribution of marital property, there are many key terms that people should be aware of. For example, some states are community property states, while others are equitable division states. If you are planning on moving ahead with a divorce in Wisconsin, it is important to understand where this state stands on property division and many other divorce legal issues. In Milwaukee, and across all parts of the state, divorce can bring on a whirlwind of challenges, especially for couples who have kids or are approaching a high-asset divorce. However, the division of property can be especially difficult in some cases.

According to the Wisconsin State Legislature, Wisconsin follows a community property system when it comes to the distribution of marital property during a divorce. There are a number of ways in which this can affect couples across the state who have decided to bring their marriage to an end. For example, this can impact savings and other financial matters such as debt that was occurred during the marriage.

Maintaining your focus during divorce: A few pointers

In Milwaukee, divorce is one life event that is not always welcomed or planned. If you have recently learned that your spouse wants a divorce, you are probably struggling to get a grip on the overwhelming emotions you are feeling. If you have kids with your spouse, you may also feel overwhelmed with stress and frustration. 

Negative feelings create toxic environments, and it is very common for couples to change and become angry about their separations. If you feel like arguing and bashing your soon-to-be-ex-partner, you could end up sabotaging your divorce. It is important to for you to learn how to manage any negative feelings you may feel during your divorce, so you do not make poor decisions that make post-divorce life more challenging to transition through for you and your children. Here are some suggestions: 

Taking a look at unique custody arrangements

When it comes to custody, it is crucial to keep in mind that each family has a unique situation. Arrangements that work out well for some parents may not even be remotely possible for others. In this post, we will cover some of the different types of custody arrangements that may work out well for some people, even though they are less common. Ultimately, parents should do all that they can to make sure their child is given the care and support they need, even if a non-traditional approach to child custody is necessary.

There are a number of ways in which parents may decide to share custody. For example, a child may wish to stay in the family home and parents may take turns living in the home with the child. In fact, there may even be arrangements where both parents continue to live in a home with their child even though they have divorced. For example, they may stay in separate rooms and function as if they were roommates. In recent years, there have been a number of changes with respect to child custody and some parents may benefit from considering these options.

Accepting life between two homes is asking a lot of a child

With divorce comes change for everyone in the family. Now your daughter is going to spend time with you and the other parent individually, in two separate homes.

How well the adjustment period goes will partly depend on the age of your daughter. However, there are several things you can do to help a child of any age make this new post-divorce era easier to manage.

Ending a second or third marriage

There are many reasons why a marriage does not work out, from fights over financial matters to disagreements over how to raise a child. Sometimes, people marry someone else after ending their first marriage. Second and even third marriages occur quite often, and these marriages may also lead to a divorce. If you are considering filing for divorce for the second or third time, you may have some familiarity with family law issues and how the divorce process works in general. However, you should remain focused and understand that there may be various unique aspects of this divorce.

Some people may be hesitant to divorce the person they married after their first marriage broke down because they feel as if they will be judged harshly by others. For example, they may worry that family members will think they are incapable of staying in a long-term marriage or that they will be judged for their decision to remarry. However, these concerns should not have an impact on the decisions you make, and it is crucial for you to do what is in your best interests.

Changing your mind about divorce

Making the decision to end a marriage can be particularly hard and there are countless factors that may have to be taken into consideration, such as various ways in which life will change, the financial consequences of divorce and the potential benefits of ending a marriage that is unhealthy. Sometimes, people change their minds with respect to their decision to file for a divorce. There is nothing wrong with having a change of heart, but it is important to make sure that there are not any negative influences (such as a controlling or abusive partner, meddling family members, etc.) who convince you to make a decision that is not in your best interests.

Some parents may decide not to divorce because they are overwhelmed about certain family law issues or the divorce process in general. However, these worries may be alleviated by reviewing the ins and outs of family law and developing a clear understanding of any areas of concern. For example, someone who has a better idea of how custody may be split up could have an easier time accepting the inevitable changes that will arise following the divorce process.

Depression over a child custody dispute

At our law firm, we know that family law issues are often extremely sensitive from an emotional point of view. Financial matters and major life changes are some of the hurdles that people work through prior to filing a divorce and following the divorce process. Moreover, those which involve one’s kids can be particularly intense, especially when it comes to child custody. Parents may become depressed due to an unfavorable outcome regarding a custody case, or they could feel burdened with intense anxiety leading up to a custody case.

While parents may not be able to completely eliminate negative feelings during a custody dispute (which are, after all, very natural), there are a variety of ways in which a parent may be able to make things easier during this tough time. Moreover, taking these steps may actually help a parent put their best foot forward with respect to the case. For starters, having a comprehensive understanding of the custody process, such as the different factors that are reviewed when determining which outcome would serve a child’s best interests, can offer confidence and maybe even some peace of mind. Parents who are struggling with these negative emotions may also benefit from healthy activities that allow them to release some tension and regain their focus, such as exercise, hiking, etc.

Complex property division and collaborative divorce

We have covered different issues related to the distribution of marital property on this blog, such as making preparations for property division and various examples of marital property. Some people, however, find themselves in a unique position when it comes to the division of marital property during divorce. For example, those with high assets may have an especially challenging time with respect to the marital property being split up. Not only may there be much at stake, but it could be unclear exactly how things will be divided. When it comes to complex property division, having a clear understanding of the best path forward is essential.

For some couples, a collaborative divorce is an ideal way to handle complex property division issues. Not only does the collaborative process often allow couples to lessen the emotional impact of divorce and reduce stress, but it can also help people save a significant amount of money and time. When couples can reach agreements on key divorce-related matters, some of the stress that results from courtroom disputes and other family law issues can be avoided. However, collaborative divorce certainly is not an option for everyone. Sometimes, this route is not an ideal way for couples to handle property division and other family law matters, such as those involving children.

Finding the way to mutual agreement is the goal of mediation

If you are facing divorce, you are probably not looking forward to having to live through a contentious court battle that ends with an agreement you might find unpalatable.

But what if the court had no involvement in the decisions you make? What if you and your spouse could resolve issues and come to an agreement on your own? This is what mediation is all about.

Reviewing examples of marital property

When it comes to divorce, there are a number of areas of concern that may be applicable to a couple's circumstances. For example, child-related legal issues can be emotional and challenging, such as disputes over custody and child support orders. The financial side of the divorce process can be confusing and very difficult for some people and the division of marital property is one of the key financial considerations surrounding divorce. Unlike non-marital property, which is not subjected to division, marital property is split up between two people who bring their marriage to an end.

Understanding how marital property is divided may give you a clearer idea of what to expect in the months ahead and help you prepare for this facet of family law. There are a number of examples of marital property, or assets that are acquired while a couple is married. From pensions to vehicles, stocks, cash, bonds and even insurance, there are many different types of property that could be subject to division. Some people face an especially difficult time in court due to the division of real estate and there are other types of property that may be divided by the court.

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