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WISCONSIN DIVORCE LAW

by Attorney Gordon S. Johnson, Jr.

Perhaps nothing about American life has changed as much as the stability and longevity of marriage. Where the World War II generation had relatively few divorces, the children and grand children of those marriages have had much greater difficulty in mating for life.

Wisconsin law has always placed a high priority on marriage and family, and that policy largely shapes the law of divorce. While no fault is now the the law of divorce in Wisconsin, Wisconsin still has a strong preference to maintaining family values, in its divorce laws. The general statement of legislative intent from that portion of the Wiscconsin Statutes devoted to marriage and family is illustrative:

Ch. 765 (2) INTENT. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. ... The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

The goal of this page is to give an overview of divorce procedure and legal principles in Wisconsin. We have divided this treatment into seven sections: Commencement; Abuse and Restraining Orders; Temporary Hearing; Custody; Child Support; Maintenance and Property Settlement. While there are countless problems that can occur in any divorce, almost all of such problems fit into one of the categories.

COMMENCING A DIVORCE THE TEMPORARY HEARING ABUSE AND RESTRAINING ORDERS CUSTODY CHILD SUPPORT MAINTENANCE PROPERTY SETTLEMENT

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