Divorce

Madison Divorce Lawyers

Getting a divorce can be very overwhelming. You don't have to face it alone. Brian Bushaw at Kelly, Habermehl & Bushaw, S.C. can guide you through the divorce process. Our firm has extensive knowledge of Wisconsin divorce law. We work to effectively explain these laws and our clients' rights under the law.

For quality divorce representation, contact an experienced family law lawyer toll-free at (888) 451-4151 for a free initial consultation.

Division of Marital Property

Wisconsin divorce law is essentially founded upon community property principles. Wisconsin marital property law views marriage as a joining of partners, Wisconsin divorce law views divorce as a dissolution of that partnership. To those ends, Wisconsin law views property acquired during the marriage as community (joint) property, however, there are exceptions to that general rule such as inheritances. Those types of property divisions are addressed by a marital property agreement prior to divorce.

Marital Property Agreements

A marital property agreement is a stipulated agreement between spouses who are married regarding the division of their joint and separate property upon divorce. In most instances, a marital property agreement is submitted to a court for approval, and is in most instances approved. If approved, a marital property agreement is incorporated into the final divorce decree. Despite how insignificant a marital property agreement may seem at first glance, such agreements are vitally important in the negotiations of property before dissolution and key to the division of property asserted in the final decree. For this reason, anyone considering a divorce should consult with a lawyer before agreeing to any of the terms of the marital property agreement.

Validity of Marital Agreements

Agreements between spouses regarding most matters, such as domestic chores, savings plans, and support, are mere domestic agreements that are rarely upheld by Wisconsin courts. However, business agreements between spouses, such as franchise agreements, commercial contracts, and commercial real estate ventures, are considered separately as “true business relationships”, rather than mere domestic agreements, and courts will often uphold commercial-type agreements.

Marital Property

Wisconsin is essentially a community property state. Wisconsin law provides that all property acquired during the marriage should be considered as community (joint) property. Wisconsin law also provides that all marital property should be equally divided upon divorce. Although it was not the intent of Wisconsin’s legislature to impose laws upon people that may result in financial ruin, the reality of the written law may result in such loss when spouses acquire extensive assets during marriage and then later rely upon state statutory law to divide that property.

Inheritances

When one or both parties receive substantial inheritances during marriage, questions often arise regarding the division of those inheritances or the property purchased with an inheritance. Wisconsin law provides that inheritances should be considered as separate property belonging to the person receiving the inheritance, unless the inheritance was used to purchase marital property or commingled with marital property. If you received an inheritance before or during marriage, be sure to consult with an experienced family law attorney before making other financial decisions.

Children

If you have children, you need to consider custody and placement, health care, and child support, among other complex issues.

We Can Help

If you are involved in a divorce, Kelly, Habermehl & Bushaw, S.C., can help you. Our firm has the knowledge, skills, and experience to effectively represent you and protect your interests. Contact our Madison divorce lawyers today to discuss your case.