Divorce Attorneys in Madison & Milwaukee

Experienced family law attorneys helping Wisconsin women & men through divorce with expertise, professionalism & sensitivity

Divorce Attorneys Addressing the Full Spectrum of Wisconsin Divorce Issues

Since Wisconsin is a “no-fault” state, Wisconsin divorce courts are unconcerned with “whose fault it is” when granting a divorce to a married couple. Instead, the judge is charged with facilitating the important legal and financial outcomes of the divorce, including:

  • child custody
  • physical placement of any children
  • division of property and debts
  • maintenance (or alimony)
  • child support

A couple can approach the Wisconsin divorce process in a variety of ways, including traditional litigation, collaborative divorce, or divorce mediation. The best approach for you will depend on the context and preferences; we recommend discussing the various options with an attorney.

Understanding the Wisconsin Divorce Process

The sole ground for a divorce is that at least one of the parties believe the marriage is irretrievably broken, with no chance of reconciliation, then a mandatory 120-day waiting period starts. During the waiting period, the parties attempt to collect financial information, exchange proposals and hopefully come to a mutually agreeable settlement on any or all of the issues the court must determine, including child custody and placement, child support, health insurance payments, tax exemptions, spousal support, property division and debt allocation. The vast majority of cases are resolved by agreement and are not litigated in court.

During the waiting period, debts need to be paid, choices need to be made about who will live in the house/apartment, and where the children will live and how they will be financially supported. The parties can make those decisions and their attorneys can draft a Stipulation to set them out for a family court commissioner to approve. If the parties cannot make those decision on a temporary basis, a family court commissioner will hold a hearing and issue an order.

A Wisconsin Divorce Attorney’s Role

An attorney in a divorce proceeding can:

  • Help their client achieve their goals
  • Advise clients on process options including mediation, collaborative divorce and  litigation-style divorce
  • Advise clients on the law and options available for support and division of property, placement schedules, and  creative ways to resolve  issues
  • Negotiate with the other party and/or counsel
  • Prepare clients for the impact of post- divorce life

Should I Hire a Wisconsin Divorce Lawyer to Represent Me?

Making the decision about whether to hire an attorney and who that attorney should be can be overwhelming. Because family law matters are so personal, you should make sure the chemistry and approach of the attorney matches your own. But should you get an attorney at all? Here are some of the factors you should consider:

  1. Do you own a business? 

Valuation of businesses can be tricky and often requires a professional to appraise them. Having a lawyer who can interpret the evaluation is extremely important.

  1. Is there a disagreement about child custody and placement of your children?

Litigating about children is very emotional and parents often do not have the necessary objectivity to navigate their case successfully. An attorney brings valuable perspective on these issues with experience in how other parents have successfully negotiated and how courts tend to make custody decisions. 

  1. Are there premarital assets or debts, or inherited or gifted assets, which were converted into marital assets?

Decisions about what assets are marital and how to distribute those assets are benefited from the experience and expertise of the family law attorney.

  1. Are there retirement assets that must be divided?

Often this requires additional orders called Qualified Domestic Relations Orders, which may need to be drafted by an expert. There may also be creative ways to split retirement benefits that provide needed cash immediately, while some retirement accounts cannot be divided (see Division of Retirement Benefits). Working with an attorney who understands the laws about retirement benefits is extremely important.

  1. Is there a disparity of income?

The courts must determine incomes and, in some cases, income capacities in creating orders of spousal support and child support. Having the benefit of an attorney experienced in different approaches to divorce and other family matters can protect your family’s financial security.

  1. Has your situation changed since the original divorce order?

Determining whether there has been a substantial change of circumstances to warrant a change or how that circumstance is presented often needs an advocate knowledgeable in the law.

Contact Our Family Law Attorneys For Assistance

If you are contemplating divorce or need representation in a divorce matter or post divorce matter, please call a Madison family law attorney directly at (608) 257-0040 or a Milwaukee family law attorney at (414) 271-8650, or email us via our Contact Page.

Divorce Attorneys Addressing the Full Spectrum of Wisconsin Divorce Issues

Since Wisconsin is a “no-fault” state, Wisconsin divorce courts are unconcerned with “whose fault it is” when granting a divorce to a married couple. Instead, the judge is charged with facilitating the important legal and financial outcomes of the divorce, including:

  • child custody
  • physical placement of any children
  • division of property and debts
  • maintenance (or alimony)
  • child support

A couple can approach the Wisconsin divorce process in a variety of ways, including traditional litigation, collaborative divorce, or divorce mediation. The best approach for you will depend on the context and preferences; we recommend discussing the various options with an attorney.

Understanding the Wisconsin Divorce Process

The sole ground for a divorce is that at least one of the parties believe the marriage is irretrievably broken, with no chance of reconciliation, then a mandatory 120-day waiting period starts. During the waiting period, the parties attempt to collect financial information, exchange proposals and hopefully come to a mutually agreeable settlement on any or all of the issues the court must determine, including child custody and placement, child support, health insurance payments, tax exemptions, spousal support, property division and debt allocation. The vast majority of cases are resolved by agreement and are not litigated in court.

During the waiting period, debts need to be paid, choices need to be made about who will live in the house/apartment, and where the children will live and how they will be financially supported. The parties can make those decisions and their attorneys can draft a Stipulation to set them out for a family court commissioner to approve. If the parties cannot make those decision on a temporary basis, a family court commissioner will hold a hearing and issue an order.

A Wisconsin Divorce Attorney’s Role

An attorney in a divorce proceeding can:

  • Help their client achieve their goals
  • Advise clients on process options including mediation, collaborative divorce and  litigation-style divorce
  • Advise clients on the law and options available for support and division of property, placement schedules, and  creative ways to resolve  issues
  • Negotiate with the other party and/or counsel
  • Prepare clients for the impact of post- divorce life

Should I Hire a Wisconsin Divorce Lawyer to Represent Me?

Making the decision about whether to hire an attorney and who that attorney should be can be overwhelming. Because family law matters are so personal, you should make sure the chemistry and approach of the attorney matches your own. But should you get an attorney at all? Here are some of the factors you should consider:

  1. Do you own a business? 

Valuation of businesses can be tricky and often requires a professional to appraise them. Having a lawyer who can interpret the evaluation is extremely important.

  1. Is there a disagreement about child custody and placement of your children?

Litigating about children is very emotional and parents often do not have the necessary objectivity to navigate their case successfully. An attorney brings valuable perspective on these issues with experience in how other parents have successfully negotiated and how courts tend to make custody decisions. 

  1. Are there premarital assets or debts, or inherited or gifted assets, which were converted into marital assets?

Decisions about what assets are marital and how to distribute those assets are benefited from the experience and expertise of the family law attorney.

  1. Are there retirement assets that must be divided?

Often this requires additional orders called Qualified Domestic Relations Orders, which may need to be drafted by an expert. There may also be creative ways to split retirement benefits that provide needed cash immediately, while some retirement accounts cannot be divided (see Division of Retirement Benefits). Working with an attorney who understands the laws about retirement benefits is extremely important.

  1. Is there a disparity of income?

The courts must determine incomes and, in some cases, income capacities in creating orders of spousal support and child support. Having the benefit of an attorney experienced in different approaches to divorce and other family matters can protect your family’s financial security.

  1. Has your situation changed since the original divorce order?

Determining whether there has been a substantial change of circumstances to warrant a change or how that circumstance is presented often needs an advocate knowledgeable in the law.

Contact Our Family Law Attorneys For Assistance

If you are contemplating divorce or need representation in a divorce matter or post divorce matter, please call a Madison family law attorney directly at (608) 257-0040 or a Milwaukee family law attorney at (414) 271-8650, or email us via our Contact Page.

Tell us Your Story.
We’ll Tell you If We Can Help.

et|icon_house|

Family & Divorce

fas|fa-balance-scale|

Labor Law

fas|fa-piggy-bank|

Social Security

mt|attach_money|

Employee Benefits

fas|fa-car|

Personal Injury

fas|fa-money-check-alt|

Wage & Hour

et|icon_tools|

Worker's Compensation

fas|fa-wheelchair|

Disability Benefits

fas|fa-shopping-cart|

Consumer Law

fas|fa-ambulance|

Duty Disability