In Wisconsin, courts may consider a wide range of factors when determining custody between two divorcing parents. Among these factors, Wisconsin courts are statutorily required to consider evidence of past domestic abuse. Wisconsin’s statutes do not require that a past history of abuse be dispositive, but it must be one of the factors that a court considers. A recent case before the Wisconsin Court of Appeals illustrates how this factor may be weighed against others in evaluating custody arrangements.
When dealing with a divorce in Wisconsin, courts must give careful consideration to the division of existing property, assets, and debts that a couple may have, as well as how to divide future obligations and income, if necessary. While Wisconsin courts typically start from the presumption that marital property should be divided equally between two spouses, such arrangements can be modified when it would be in the interest of the courts and the couple to do so. A recent Wisconsin Court of Appeals case considered and applied a creative approach for resolving spousal maintenance issues between a couple by instead offering one spouse an additional lump sum property award.