Wisconsin Property Division Laws
Property will be divided in a Wisconsin divorce or separation. Wisconsin is a community property state, so all martial property gets divided 50/50. The court first lets parties divide assets on their own, and if they cannot agree, then the court steps in and decides for them.
The Process of Property Division in Divorce
The process of property division happens within a divorce case. Below is a general outline of how most cases that involve property division look. For more in-depth information on the process, visit our page outlining what it looks like to work with us from start to finish.
When you file your case, be sure to use the correct paperwork. There are different documents needed depending on the specifics of your case.
Temporary orders outline how property division will look during the divorce case such as who continues to live in the house and who has access to accounts. Temporary orders also look at things like custody and alimony.
In court-ordered mediation, a third-party mediator works with both parties to try to find a compromise on each of the divorce issues. The goal is to reach an agreement on how all assets and property get split.
The conference prepares the judge for the trial, or the case can end here if the parties have all issues settled.
In the time before the trial date, there is one more chance to negotiate a settlement. Many cases that have not yet settled settle here because a trial is expensive. However, when the other party is unwilling to see reason, a trial can be necessary.
Trial and Finalization
In the trial, the court decides to split any assets the parties have not agreed on yet. Each side makes their case for how the final order should be.
After the trial, the judge makes their decisions and lays out the final orders.
How Custody Works
The Wisconsin child custody laws outline how the court determines child custody. Custody is the parents’ ability to make major decisions in the child’s life. The court assumes that both parents will share custody unless one parent is a danger to the child.
One parent pays child support when there is an imbalance in income or in placement time. Child support is meant to support the child and create positive living situations with both parents. How much child support a party pays can be calculated using our child support calculator.