1. Business & Personal Law Lincoln High School

2.  The body of law that deals with: ◦ Marriage ◦ Divorce ◦ Custody ◦ Adoption ◦ Child Support ◦ Paternity ◦ Domestic relation issues

3.  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.

4.  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

5.  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

6.  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

7.  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

8.  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

9.  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

10.  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.

11.  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

12.  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