Facing a divorce can be emotionally and financially devastating. If you are seeking information regarding an Elkhorn Divorce | Walworth County Divorce contact us for a free consultation. Our experience in Family Law will help you attain the best possible outcome.
Divorce actions in Elkhorn (i.e. Walworth County) start with the filing of a Summons and Petition for divorce (or legal separation) filed by the Petitioner (or sometimes the Joint Petitioner). The paperwork is served on the opposing party and they have twenty(20) days to voice jurisdictional objection and/or answer the petition. In this time and until the court has granted the divorce motions can be filed for temporary orders (or Orders to Show Cause) for control of property, placement of minor children, liquidation of assets, child support or spousal maintenance. These issues would be hard to address without an attorney.
Also in the temporary period is the need to conduct discovery. Discovery allows the client to determine what the assets and debts are, and help determine how to make a case to divide this property, assets, and debts. Without an attorney often things are overlooked. Some of the more difficult areas of discovery are maintenance determination, pension distribution, and what is or is not a part of the marital estate. Without an attorney is would be very hard to make such a presentation to the judge if the matter goes to trial.
Walworth is one of the few counties that has Financial Mediation ordered by the court. The financial mediator(s) address the distribution of the marital assets, debts and even spousal maintenance. They have done well to settle matters before trial. Unfortunately, mediation requires briefs to be submitted in advance of the session. To draft such a brief without an attorney would be hard without knowing the law and the cases that support this client’s belief to a particular division of the marital estate. Further, since maintenance determination is not by statute, the law and cases that govern maintenance would be hard without an attorney. Hiring an attorney would be suggested for marital estates that are complicated or sizable.
If you have concerns about divorce, call Attorney Richard Missimer for a free consultation at (262) 565-8200
You may want to check out our Family Law general information pages Other Information for those involved or contemplating a Walworth County WI Divorce action.
You can also review information on Child Support for Elkhorn Divorce child issues.
Lastly, you may want to read Atty Richard Missimer’s answers posted on Avvo for Q&A for those seeking a Elkhorn Divorce.
We believe you will find that Atty Richard is extremely good at Divorce in Walworth County WI. He will give you a free consultation by phone, consider contacting him at (262) 565-8200.