Avoiding Critical Wisconsin Divorce Mistakes (Part I)
As an experienced Racine and Kenosha, Wisconsin divorce lawyer, I have seen people going through a divorce make critical mistakes that can easily be avoided. The following is a guide to help you avoid some of the most common Wisconsin divorce mistakes:
Wisconsin divorce mistakes #1: Not Maximizing Placement Time
After filing for divorce, the court will enter a temporary order. If you have children, the temporary order will establish a placement schedule. The placement schedule dictates when your children will live with you and when they will live with your spouse. For example, the temporary order may dictate that your children live with you on the weekends. And with your spouse during the week.
Wisconsin Divorce Lawyer Tip: Exercise all of your placement time. Request additional placement time from your spouse while the divorce is pending.
It is critical that you exercise all of your court-ordered placement time. The temporary order often becomes the final order of the court. Regarding placement, you can avoid this happening by showing the court that you want more placement time. For example, if the temporary order dictates that you have your children every weekend but you want more placement time, ask your spouse for additional placement time during the week. Even if your spouse does not agree to you having additional placement time, it shows the court that you want additional placement time. If you don’t ask for more placement time, the court will assume you don’t want more placement time.
Wisconsin Divorce Lawyer Tip: Increasing placement time with your kids reduces the amount of child support you pay. It will also increase the amount of child support you receive.
Wisconsin Divorce Mistakes #2: Voluntarily Moving Out First
Contrary to popular belief, you and your spouse can live together while the divorce is pending. The place where you and your spouse lived during the marriage is called the marital residence. At the end of the divorce, one spouse will be allowed to continue living in the marital residence and the other will not. Unless you and your spouse mutually decide to sell the marital residence. If you voluntarily move out of the marital residence prior to the court ordering you to move out it is unlikely that you will be allowed to live in the marital residence at the end of the divorce.
Wisconsin Divorce Lawyer Tip: Once the divorce is filed, if you are not living in the marital residence, the court will enter an order prohibiting you from going to the marital residence without your spouse’s permission. This makes it difficult to get your personal belongings or other property without your spouse’s cooperation.
Staying in the marital residence as long as possible gives you the maximum benefit financially. First, you will not have to locate a new place to live, put a deposit down, and start paying rent while still being responsible for paying the rent or mortgage at the marital residence. Second, staying in the marital residence allows you to monitor your spouse. You can ensure that he or she does not damage or remove any property. Third, staying in the marital residence generally allows you to avoid paying maintenance.
Attorney Christopher Glinski is divorce lawyer in Racine and Kenosha, Wisconsin. He offers telephone and in-person consultations – (262) 632-1555.