Frequently Asked Questions

There are a number of procedural options that may be used to reach resolution of divorce related issues. The methods vary in degree of attorney and court involvement, conflict, and cost. The issues in a divorce are resolved by the parties reaching an agreement or a trial, after which a judge or court commissioner imposes a decision. Divorce process options include: pro se divorce (self-representation); mediation; collaborative divorce; and lawyer negotiation/litigation. We recommend that you gather information and consider discussing process options with your spouse or partner as well as with an attorney before making a choice. 

Legal custody (major decision-making) and physical placement (the schedule of time with each parent) are required in all cases with minor children. Parents can resolve these privately through mediation or engaging a child specialist. 

If parents are unable to create a parenting plan, decisions require appointment of a Guardian ad Litem and possible court intervention based upon a statutory list of factors for the best interests of the children. 

• Wisconsin Statutes section 767.41: Custody and Physical Placement

The legal presumption is that assets and debts, with the exception of property received by gift or inheritance, are divided equally.  There are exceptions and considerations that may alter this presumption.  Dividing assets in divorce requires disclosure, valuation, and knowing options for allocation of assets and debts. Professional input may be needed to understand valuation factors, tax effects, and options to divide in order to maintain value and make the best decisions.

• Wisconsin Statutes section 767.61 Property Division

Allocating real estate requires understanding the impact of decisions and what is necessary for implementation. There are numerous factors to consider for house ownership, including value, title, mortgages or other attached debt, occupancy, and expenses. Professional input now can help you understand your options and avoid future legal or financial issues.

• The Intersection of Family Law and Real Estate in Wisconsin

Maintenance is spousal support or alimony. There is no standard formula for determining maintenance; it is based upon a number of statutory factors.  Two key factors are the length of the marriage and the difference in the income of the parties, but maintenance is determined based upon a couple’s specific circumstances, need, and fairness. 

• Wisconsin Statutes section 767.56: Maintenance

Research is clear that the level of conflict between parents is the most significant factor in whether children are emotionally harmed by separation and divorce.

​A consultation with one of the lawyers at Hansen & Hildebrand is a valuable first step in understanding your circumstances, options, and how to proceed with a focus on the best interests of your children. For many families, a child specialist is an effective option to reduce conflict and improve communication for the benefit of the children. 

• Co-Parenting Tips

The amount of time it takes to get a divorce will depend on several factors, including the process option chosen and the level of conflict between spouses. A court cannot grant a divorce until at least 120 days after the legal action is filed at the earliest. Litigated divorces can take up to two years to resolve. However, spouses who choose mediation or collaborative divorce may be divorced in significantly less time since they may finalize as soon as they reach and sign a settlement agreement and may obtain court approval without the necessity of a court hearing.

Actions for divorce and legal separation are filed in the same way and proceed the same way through a court. Both result in a final judgment that divides assets and debts, determines financial obligations between the spouses, and establishes the custody and placement of children. However, the impact varies for each couple, and tailored advice is needed to properly assess your circumstances.

Both parties are required to attend an approved parent education program in divorce and legal separation actions that involve minor children. However, this requirement may be waived if the parties work with a child specialist. Please ask one of our attorneys about a child specialist’s role in a divorce and about referrals to child specialists to assist parents in focusing on the needs and interests of their children in creating a post-separation parenting plan.

If you reach an agreement in mediation or are both represented, you may have the option of a no-court Divorce by Affidavit.

Not necessarily. Marriage alone does not automatically make your spouse your Power of Attorney (POA). A Power of Attorney is a legal document that grants someone else the authority to make decisions on your behalf, typically in specific situations where you are unable to make decisions yourself.

Even if you are married, if you haven’t specifically designated your spouse as your Power of Attorney through a legally executed document, they do not automatically have that authority. In many cases, people do choose their spouse as their Power of Attorney because of the trust and closeness in their relationship, but it still requires formal documentation.

If you’re considering setting up a Power of Attorney, it’s important to understand the types (like financial or healthcare POA) and to ensure you follow Wisconsin law and requirements for creating and signing such documents to make sure they are legally valid.

An estate plan is a comprehensive set of legal documents that direct how your assets are managed and distributed as well as who cares for you and your minor children in the event of your death or incapacity. A typical Estate Plan includes Powers of Attorney for decision making while you are alive but unable to make them yourself, a plan for distribution of your asset via Will or Trust, and any other preplanning you wish (i.e. beneficiary designations, burial plans, and funeral arrangements).

Wisconsin law provides a default Estate Plan (called Intestate Succession) if you do not create your own. This default, however, may not carry out your wishes and is not tailored to suit your family.

Intestate Succession also requires Probate Court supervision, which adds considerable time and cost for your loved ones after your death. Creating an estate plan gives you control over what happens to your assets, who cares for minor children after your death, who makes decisions on your behalf if you are incapacitated. 

We recommend that everyone, no matter your age or wealth level, consult with an Estate Planning attorney to ensure your wishes are carried out, avoiding future cost and conflict for your family. Regularly reviewing and updating your estate plan is also crucial as your life circumstances and goals may change over time.

1. Will: A will is a legal document that specifies how you want your property and assets to be distributed after your death. A will requires a public Probate action to facilitate the distributions. 
2. Trust: Trusts are legal entities which manage and distribute assets to beneficiaries according to the terms you create. Unlike a Will, a well planned Trust avoids Probate, providing ongoing private management of assets for beneficiaries (especially minors or individuals with special needs), and can offer tax planning benefits.
3. Power of Attorney: A Power of Attorney (POA) is a legal document that grants someone else the authority to act on your behalf in financial or legal matters if you become incapacitated. There are different types of POAs, including financial and healthcare POAs.

Your Estate Plan may also include details such as healthcare directives, beneficiary designations, nominations of guardians for minor children, and even burial or funeral arrangements. It is important to work with an experienced Estate Planning attorney to ensure your plan meets all of your needs now and provides clear instructions for your loved ones in the future. For more information about Estate Planning options, click here.

A Marital Property Agreement, also referred to as a prenuptial agreement, is a contract entered into by a couple before or after marriage that outlines how their assets, debts, and other financial matters will be handled during the marriage, and in the event of divorce or death.

Prenuptial agreements are not just for wealthy individuals. They can benefit couples with any level of assets or debts by providing clarity and protection in case of divorce or death. It’s a personal decision based on your individual circumstances and goals. Both parties should seek legal advice to ensure their interests are properly protected.

Discussing a prenuptial can be sensitive, but it can also foster open communication about finances and expectations. It’s important for both parties to approach the conversation with honesty, respect, and a mutual understanding of each other’s concerns and priorities.