Fair Property Division During Divorce

Most couples don't think about who owns what until they face an imminent divorce. Then, the challenge of splitting property can be immensely stressful, especially if you and your spouse want the same things.

Having an experienced and level-headed attorney on your side during this difficult time can help reduce not only your stress, but also the amount of time and money you spend on property division during divorce. At Nicholson, Gansner & Otis, S.C., in Madison, we practice in family and criminal law because we care immensely about helping people stand up for their rights and have a voice in their future. We will help you ensure that property distribution is fair and that you retain what you need for a successful future.

Community Property Division in Wisconsin

Wisconsin is a community property state. Each spouse owns an equal amount of the property obtained during marriage. This includes all real property (such as a home, car and TV), income and debts accrued during the time you and your spouse were married. Anything you brought into the marriage is legally yours. The same is true for certain gifts and inheritances you received during the marriage.

If you and your spouse do not agree on property division, the court will attempt to divide your property equally. Depending on the facts of your unique case, however, that may not mean a 50/50 split. The court will consider many factors — such as the length of the marriage and health of the spouses — when dividing property.

Family law cases are largely subjective. Even property division can have significant subjectivity, with judges using their discretion while making decisions that will affect your future. We use a network of experienced experts to determine the value of assets and give the court the information it needs to make a more objective decision.

Making Sure Your Voice Is Heard

There are many different people in this world, from the aggressive person who walks in and gets what he/she wants to the quiet person who is less willing to argue and more willing to compromise. No matter what kind of person you are, we will make sure your voice is heard.

Our lawyers will advise you on when it makes financial sense to fight over property and when it's more reasonable to let certain property go. The ultimate decision is yours, but we will be by your side the entire way, helping you make smart decisions and ensuring that the court knows your story.

To schedule a free 30 minute initial consultation about your divorce, please call 608-620-0018 or send us an email. We offer consultations in our Madison, Wisconsin, law office, but we can also meet you off site, in the evenings or on weekends by appointment.