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A Family Law Attorney in Waukesha, WI Helps Couples Divide Assets in an Uncontested Divorce

By Admin • Aug 24, 2018

A Family Law Attorney in Waukesha, WI Helps Couples Divide Assets in an Uncontested Divorce

A divorcing couple can manage to have an uncontested divorce even if they have real estate and other assets to split up. If the split is reasonably amicable and they trust each other to be fair, they may consider having only one attorney in Waukesha, WI for representation. That lawyer represents one of the spouses but cannot represent both. This attorney will draw up and file all the necessary paperwork after the couple decides how they plan to handle asset division.

Wisconsin is a community property state, meaning that a divorcing couple is required to equally divide assets they acquired together during their marriage. In some instances, they are required to equally divide assets that one or the other owned before the marriage. For instance, the law protects the person who owned a piece of real estate before getting married; the couple may have further supported this protection with a prenuptial agreement. However, if the owner of the real estate takes out a mortgage against it to finance a venture by the spouse, that prenuptial agreement is now legally invalid. Ownership of the asset has become complex, and the court will consider it equally owned by both spouses.


An Horizons Law Group attorney can explain how the law works. A divorcing couple in this particular type of situation may decide they want to uphold the prenuptial arrangement. As long as the court considers this to be fair for both parties, it will probably approve. Someone who needs to become clearer on these points may get more information from a firm such as Horizons Law Group.


Divorcing couples can draw up other complicated agreements in their paperwork. They may decide that one individual will own a vacation property, for instance, but that the other person will be allowed to spend a certain amount of time there. They can devise a schedule to prevent any conflicts. An attorney typically recommends making these arrangements temporary, with time frames of a year or two to start. Personal situations commonly change over the years; one or the other of these individuals may remarry and want to spend more or less time at the vacation home.

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