Protecting Your Assets In Divorce

Wisconsin law provides some financial protection for spouses who are in the process of divorcing. The law prohibits divorcing parties from doing the following:

Harassing, intimidating, physically abusing, or imposing any restraint on the personal liberty of the other party or any child of either party;

Encumbering, concealing, damaging, destroying, transferring, or otherwise disposing of property owned by either party without a court order or consent of the other party;

Removing a minor child of the parties from the state for more than 90 days, changing the residence of a minor child of the parties to another state or to a location more than 150 miles away from the other party, and concealing a minor child of the parties from the other party,.

The prohibitions apply to the petitioner (the person who files for divorce) as soon as the action is filed, and to the respondent as soon as he or she is served with the summons and petition. The petition must inform the respondent that the prohibitions are in effect.

The law creates some exceptions to the general prohibition against disposing of property. A spouse who operates a business may continue to make decisions to encumber or dispose of property