Let’s start with the first fact – The fault of a spouse doesn’t matter for divorces in Wisconsin. This is because this is a no-fault state. Either you or your spouse can ask for divorce, or you can file a joint petition for divorce. Regardless of the situation, you should ideally seek the advice of a lawyer before initiating the proceedings. Check https://www.karplawfirm.com/locations/madison/ to find more details. For your help, here are some interesting facts about divorces in Wisconsin.
Adultery will not matter
Did you know that adultery is a Class I felony in Wisconsin? Yes, that’s correct. Adultery is defined as the act when a married person has sexual intercourse with someone other than their spouse. There haven’t been any convictions for a long time. As far as your divorce is concerned, it doesn’t matter whether your spouse has committed adultery. As we mentioned, this is a no-fault divorce state. Of course, if your spouse has used marital assets and wealth to continue the affair, your lawyer can advise you on your legal rights.
No favoring the mother
In many states, divorce laws favor the mother, but that’s not how things work in Wisconsin. As far as child custody is concerned, the court will consider all facts of the case and will rule in favor of the “best interests” of the child. In many cases, the court may appoint a licensed attorney to talk to teachers, relatives, and important people and investigate things further to make a recommendation. This helps the judge decide whether the parent seeking custody can care for the child or vice versa.
Courts take drugs and alcohol abuse seriously
If your spouse has a history of drug and alcohol abuse, this could impact the court’s decision with regard to child custody, especially physical custody. In case you know that your spouse has been abusing substances or alcohol, you may want to gather evidence that can help you get custody of your minor kids. In select cases, sole legal custody is granted to one parent.
Animals are property in a divorce
If you have a pet, the court will consider various facts and circumstances to determine who gets the animal. When you want to keep your pet, you may want to collect evidence that you are in charge of primary care.
Also, you need to wait for six months after your divorce in Wisconsin to remarry again, which is quite unique.