Divorce in Wisconsin, Ring, prior agreement

What is the name of your state?What is the name of your state? Wisonsin

Please help with any advice you may have:
1. My husband had a documented drug problem, but was working and supporting me. We were only together for 4 months before he declared a separation. In starting the divorce proceedings, we filled out a marital settlement agreement. We both signed it, although we have not been to court yet. The agreement is Strongly in my favor, because it splits our $40,000 of debt, including much of my school loans, between the two of us evenly. Now that he has had time (3 weeks) to stew, he has decided that he wants to contest the agreement in court and come to a new arrangement. Is our contract legal? Can the court decide to disregard it? Or will they view it as important?

2. If we do not follow that above agreement, he is debating that he wants me to return my $4,000 wedding ring to him. He is the one who wanted the divorce. He has a loan on the ring where $2400 is still owed on it. The ring was given to me BEFORE the marriage took place. The loan was taken out on the ring in HIS NAME Before the marriage as well. Will the court view the ring as mine because it was a pre-marital gift, and the debt as his? OR will the court view them as a assett and a debt of the marriage? I would like to keep my ring.

3. After our divorce is done with, and our assetts and debts separated... if he chooses to file bankruptcy, can his creditors pursue me for the balances? He is threatening that if I do not give him the ring back, he will file bankruptcy and tell the creditors that I am his wife and I will be legally responsible for his debts. What do you think?

Please help, we are doing this divorce Pro Se because we are both currently unemployed, and our first court appearance is tomorrow morning!!!
[email]DeannaRay@hotmail.com[/email]

[JETX]

"Is our contract legal?"
*** Of course no one can answer that without viewing it.

"Can the court decide to disregard it?"
*** The court can chose to accept, refuse or simply void the agreement upon a review of the facts.

"Or will they view it as important?"
*** Important? No. Relevant? Maybe.

"If we do not follow that above agreement, he is debating that he wants me to return my $4,000 wedding ring to him. He is the one who wanted the divorce. He has a loan on the ring where $2400 is still owed on it. The ring was given to me BEFORE the marriage took place. The loan was taken out on the ring in HIS NAME Before the marriage as well. Will the court view the ring as mine because it was a pre-marital gift, and the debt as his? OR will the court view them as a assett and a debt of the marriage? I would like to keep my ring."
*** The ring is yours. Most courts treat the ring as a 'conditional gift', conditional on the marriage occurring. That did happen, so the gift is no longer conditional.

"After our divorce is done with, and our assetts and debts separated... if he chooses to file bankruptcy, can his creditors pursue me for the balances? He is threatening that if I do not give him the ring back, he will file bankruptcy and tell the creditors that I am his wife and I will be legally responsible for his debts. What do you think?"
*** Yes. The creditors can pursue you for any joint debts. The creditors are not bound by the decision of the divorce court order. However, they cannot LEGALLY pursue you for any debts that are in his name only that are PRE-marriage. And since Wisconsin is a community property state (though the 'marital property act" defined Wisconsin as a community-property state, individual circumstances will dictate how this act is interpreted and applied to the marital debts), any of his debts that were incurred AFTER your marriage may also be deemed to be your obligation.