Dating during a divorce can be a complicated matter, both emotionally and legally. This can be especially true for divorcing couples with children. While there are no laws in Wisconsin that specifically prohibit dating during a divorce, there are a few things you should consider before starting a new relationship.

It is important to weigh the pros and cons carefully before starting a new relationship. If you do decide to date, there are some things you can do to minimize the potential risks. It is also important to find a good lawyer to represent you during your divorce.

The Emotional Toll

You should be emotionally and psychologically ready to engage in a new relationship before doing so. The grief of a failed marriage and the impact it can have on your children should be a consideration. Young children may become confused or upset by your new relationship.

Arguments about a couple’s money and belongings can get heated especially during a high-asset divorce. If a couple has collected a significant amount of valuable things while they are married, figuring out who gets what can be difficult. But when one spouse is underhanded and is hiding assets, things can get downright ugly. An experienced divorce attorney can help investigate and find hidden assets that you are entitled to after your divorce.

Does Wisconsin Law Require All Assets to be Disclosed During a Divorce?

High net-worth divorces require a comprehensive review of all assets and debts. In Wisconsin, both spouses are required to disclose all of their financial assets at the start of the divorce process. But that is easier said than done, especially when there is a lot of money on the line. Not everyone is truthful when it comes to disclosing their assets. Wisconsin law states it is illegal for your spouse to intentionally hide assets from you and that marital assets should be divided equally.

It is crucial to be honest about your financial situation. Keep in mind that trying to hide assets or downplay your income can hurt your case and your credibility in court.

Generally, almost everything a married couple owns is considered to belong equally to both spouses. This is usually true regardless of which spouse’s income was used to purchase or contribute to an asset. Even if one spouse did not work for pay during the marriage, their contributions to the marriage are deemed to have value. This is why most marital assets are to be distributed equally between the spouses in the event of a divorce. However, there are some types of property owned only by one of the two spouses. These types of non-marital property are referred to as “separate property” or “individual property.” Each spouse is permitted to keep their own individual property during a divorce. Individual property is excluded from the marital estate subject to legal division during the divorce process. However, there may be some instances where a spouse can be deemed to have donated their separate property to the marriage. An attorney can advise you regarding what separate property you may be entitled to keep. 

What is Individual Property in a Divorce?

Each spouse’s individual property may include: 

• Gifts - A gift given to one spouse in particular is to remain that spouse’s separate property after a divorce. For example, a birthday present given to one spouse by their friend would be that spouse’s individual property. 

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If your spouse has a high-conflict personality type, you can reasonably expect that your divorce will involve a high level of conflict. When people choose to leave their high-conflict spouse, it is often a direct result of their high-conflict personality traits. People with this trait tend to be argumentative with those closest to them. Their marriages often involve an excessive amount of fighting. Some high-conflict spouses may even escalate conflict in the marriage to the point of abuse. Often, getting a divorce from a person who seems to thrive on conflict is a wise move. The emotional turmoil and lack of stability associated with these marriages can begin to negatively impact your mental health and your childrens’ mental health. It is important to know that divorcing a high-conflict spouse can be challenging. You will want to ensure that you are represented by an experienced attorney who understands high-conflict divorce. 

Getting Divorced When Your Spouse Thrives on Conflict

Going through a high-conflict divorce can be stressful, but in the end, you may be free to live a far more peaceful life. Some tips you may find helpful include: 

• Prepare for contested divorce - A high-conflict spouse may refuse to meaningfully cooperate with mediation or negotiations. They may refuse to settle the divorce by agreement unless you agree to decidedly unfair terms. It is important to begin preparing to contest your divorce in court. Your attorney may want to begin collecting evidence promptly. 

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Many parents who are in the midst of a divorce or child custody battle want sole custody. It is normal for a parent to want to have their child with them all the time. However, sole custody is an arrangement of last resort in Wisconsin. In most situations, courts want children to benefit from having a relationship with both parents. This is often true even if one parent has a criminal record, or has struggled with mental illness or substance abuse. Courts are generally reluctant to cut a parent off from their child completely. However, there are situations where a court will agree that sole custody is appropriate. If your child’s other parent has been abusive to your child to the point where your child gains no benefit from being around that parent, a Wisconsin court may find sole custody to be in the child’s best interest. If you believe that excluding the other parent from the child’s life is the best option, it is important to work closely with an experienced child custody lawyer. 

Sole Custody May be Best for Children in Certain Situations

Wisconsin courts will put the best interests of the child first. Situations in which sole custody may be granted include: 

• Abuse - If your child has been physically, sexually, or emotionally abused by the other parent, the court may find that it would be best for the child to stop seeing that parent. Although it is very helpful if the parent has been criminally charged or convicted for the abuse, it is not required. The family law court will evaluate evidence of the abuse. 

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