Divorcing spouses in Wisconsin should avoid these harmful assumptions about property division, parenting plans, modifications and self-representation.
The decisions that people in Milwaukee make when getting divorced can have life-changing impacts. Unfortunately, many separating spouses may suffer from legal misconceptions that limit their ability to secure a reasonable, balanced settlement. Before agreeing to a settlement, spouses should be careful to avoid the following misunderstandings about common issues that frequently come up during divorce.
1. Marital property rights
When considering marital property division, many spouses may think that they are only entitled to assets that they directly earned or acquired. Under the Wisconsin Statutes, however, all property besides gifts and inheritances that a couple secures while married is subject to equitable distribution between both spouses at the time of divorce. An equitable distribution is based on various factors, including each spouse’s financial standing, contributions to the marriage and earning capacity.
Family law courts in Wisconsin may even divide non-marital property if doing so will spare a spouse or children from severe financial hardship. Unfortunately, spouses who aren’t aware of these provisions may lose out on assets that they are entitled to by proposing or agreeing to an inequitable division of property.
2. Preferred parenting arrangements
Parents may also harbor misconceptions about the type of parenting arrangement that is encouraged under the Wisconsin Statutes. State law does not favor one parent over the other. Instead, if parents cannot agree to a parenting plan that provides for child custody and visitation arrangements, a judge must consider numerous factors to find an appropriate arrangement, including:
- The existing relationship between the parent and each child
- The child’s needs and preferences
- The ability of each parent to cooperate with the other parent
- The parenting plan that each spouse has proposed
Although state law presumes that joint legal custody benefits children more than other arrangements, this presumption is rebuttable. If both parents agree to sole legal custody, a judge may grant it. A judge may also order sole custody if joint custody isn’t feasible due to one parent’s health problems, conflict between both parents, domestic violence or other relevant factors.
3. Potential for modifications
During divorce, some spouses may not seek the most favorable possible settlement because they believe that the divorce decree can be modified later. However, some aspects of a divorce decree are permanently binding. Spousal support, child support and child custody are the only issues that can be revisited. Modifications also may not be a readily available option in the future, since spouses often must observe mandatory waiting periods or prove they meet certain criteria in order to request changes.
4. Need for representation
People who possess limited assets, want to minimize legal costs or intend to divorce amicably may think legal representation isn’t necessary. However, without professional assistance, many spouses may misunderstand their rights, make harmful missteps or agree to inappropriate settlements. These errors can have significant financial impacts and other harmful long-term consequences.
To avoid these outcomes, spouses should consider at least consulting with an attorney early on in the divorce process. An attorney may be able to help a spouse understand the relevant laws and craft a legal strategy that can protect the spouse’s rights and interests.
