Dividing Marital Property And Debts Fairly

When left up to the court, property division will often be resolved with a simple 50-50 split of all assets and debts. However, this is not always the best answer for either party. An experienced lawyer can help you explore the full range of options and make sure you consider all the factors that go into property division.

I am family law attorney Donald Fraker. I help individuals across Southeast Wisconsin find property division solutions.

I encourage you to give me a call today about your specific circumstances. From my office in Mequon, I serve clients in the Milwaukee area and across Southeastern Wisconsin.

How Should Your Property Be Divided?

In Wisconsin, all marital property is subject to division at the time of divorce. With few exceptions, marital property includes all assets and debts you have acquired before and during your marriage, and everything goes into the pot to be divided at the time of your divorce. However, items that normally will not be included in property division include any inheritance and personal injury settlements. The court will most often split the marital estate 50-50, but also will consider a number of factors in deciding whether or not to reach a different division, including:

  • Length of marriage
  • How other financial issues have been resolved
  • Health issues

However, you do not have to go to the court to come up with a marital property agreement. Through collaborative divorce or simple negotiation, I can help you come up with a plan tailored to your needs. If you can come up with a reasonable, legal division, the court will approve it, even if the court might have made a different decision had it been given the opportunity.

For example, if you decide that you are happy with a specific set of assets and debts, and your spouse is happy with that plan as well, even if that plan breaks down to 60-40, the court will approve it.

Get A Knowledgeable Lawyer On Your Side

Whether you want to work out a plan tailored to your needs, or take your case to court and fight for what you want, I will make sure your property rights are protected. My Mequon law office is located off I-43 and is easily accessible to clients across Southeast Wisconsin. Contact me today for a free initial consultation and find out more.