divorce attorneys in milwaukee

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divorce attorneys in milwaukee
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Whether in a community property or non-community property state, the division of property between the divorcing spouses can be affected by the existence of an agreement between them which covers the division of marital assets in the event of a divorce or death.  The most common and widely known types of agreements of this nature are called "pre-nuptial" or "ante-nuptial" agreements.  This type of "pre-marital" agreement is entered into between the spouses before their marriage, and is intended to identify the pre-marital assets of each spouse and provide that such pre-marital assets shall be that spouses’ s sole property in the event of the dissolution of the marriage by reason of divorce or the death of one of the spouses.
Spouses may also have a post-marital agreement in which at some point in time after the marriage, the two spouses specify a distribution of certain property which was acquired after the marriage in the event of divorce or the death of one of the spouses.
In order for a pre- or post-marital agreement to be valid and enforceable, it must, at the very least (1) be in writing, (2) be executed by each spouse, (3) sufficiently describe the property and assets of the respective spouses, and (4) be freely and voluntarily entered into between the spouses.
Does the Court Consider Who Was at Fault in the Break-up of the Marriage?
Whether the court looks at the guilt or fault of one or both of the spouses in the break-up of the marriage depends on whether you live in a "fault" or "no-fault" divorce state.  In a state with "fault" divorce laws, the party seeking the divorce will blame the other party for the break-up of the marriage by citing culpable conduct of some kind, such as adultery, desertion, physical or mental cruelty, or drug or alcohol abuse.  On the other hand, the courts in the states with "no-fault" divorce laws do not consider who may have been at fault but, rather, the spouses simply agree that irreconcilable differences exist which preclude a happy and workable marriage.
Can I Simply Get an Annulment?
Annulments are rarely granted and when they are it is almost always on the grounds of some blatant fraud on the part of one party, such as the inability to have children, a criminal record or a serious infectious sexually-transmitted disease, such as HIV.
What Are Some of the Other Issues I Will Need to Consider in a Divorce Proceeding?
In addition to the division of the marital assets and property, you will also need to consider such issues as the award and amount of any spousal support or alimony payments and, if children are involved, child support payments and child custody and visitation rights.  For a more thorough discussion of these separate, but related, legal topics such as alimony, child custody, and child support, click on some of our affiliated web sites shown under legal links.


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