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Published byJudith Davidson Modified over 9 years ago
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Business & Personal Law Lincoln High School
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The body of law that deals with: ◦ Marriage ◦ Divorce ◦ Custody ◦ Adoption ◦ Child Support ◦ Paternity ◦ Domestic relation issues
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Increase in divorce Marriage – a partnership with economic and non-economic contributions Equal rights to custody if parents are fit ◦ The mother doesn’t always get the children Custodial rights to third parties ◦ Grandparents, other relatives Expansion in definition of “family” ◦ Same sex couples, etc.
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Age – 18 years ◦ 16 or 17 with parental consent Relationship – cannot be closer than 2 nd cousin Divorced persons – Cannot remarry until 6 months after divorce was granted Residency – Get license where ceremony will be performed; Tax implications – able to file joint tax returns, receive spousal benefits
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Apply at Manitowoc County Clerk ◦ Need certified birth certificate ◦ Photo ID ◦ Proof of Address ◦ Social Security Number Fee - $80; Waiting Period for License – 5 days; can pay a fee to have the waiting period waived Expiration – License good for 30 days; marriage must be performed during that period
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Must be performed by: ◦ Ordained minister or priest ◦ Judge or other qualified person ◦ Mail order or internet officiants not recognized in Wisconsin ◦ Rules can vary by state Two witnesses ◦ Must sign the license after the ceremony Marriage License ◦ Delivered and filed with the County Clerk
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What is marital property ◦ Anything the couple accumulates over the course of their marriage Survivorship marital property ◦ If assets are titled this way, the surviving spouse receives (inherits) the property ◦ Usually houses, bank accounts, investments, etc. are “titled” this way What isn’t included? ◦ Assets that are inherited during course of marriage ◦ Assets protected through a prenuptial agreement
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Aka “Prenuptial Agreement” Something drawn up before marriage ◦ Pre-nuptial When are they appropriate ◦ Second marriage situation – protecting assets for children rather than new spouse ◦ If one party comes into the marriage with significantly more assets than the other party Both parties should have the agreement reviewed by a lawyer
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Decision to “File” for Divorce ◦ The petition to divorce can be filed jointly, or by one of the parties Decisions made regarding: ◦ Child Custody and Placement ◦ Use of family residence ◦ Use of vehicles ◦ Payment of bills A temporary hearing can be requested before the divorce to resolve these issues
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Action is filed – Circuit Court Legal Separation – doesn’t end a marriage; 120 day waiting period. The parties can reconcile at any time Cannot marry while legally separated The legal separation can be converted to a divorce at any time Do not have to give a reason for requesting a separation or a divorce Must testify that the relationship is broken.
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Wisconsin is a Marital Property State ◦ At time of divorce, assets are to be split equally ◦ Debt also is to be separated equally Wisconsin presumes that all property, other than property that a party receives as a gift or through inheritance, will be divided equally. The judge may award property to one party and a cash payment to the other. Maintenance – Spousal support – can be requested and granted; depends on situation
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How long does it take to get a divorce?? 120 days Once divorce is granted, cannot remarry anywhere in the world for at least 6 months Wisconsin is a “no-fault” divorce state. Don’t have to give reason for wanting a divorce One spouse must testify under oath that they believe the marriage is irretrievably broken
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