Family Law

Divorce

Going through a divorce is an incredibly emotional and painful experience.  The decisions you make during this timeframe will have ramifications for the rest of your life, whether or not you have children.  It is our goal to assist you through this difficult time and ensure that you do not make a split-second decision based upon emotion.

  • Property Division 
    When a marriage ends, the assets and debts need to be fairly and accurately divided.  This does not necessarily mean that each asset must be split 50/50.  Each party should contemplate the assets they wish to receive.  It is important to consider tax ramifications of assets that you wish to take to ensure that you receive equal property.
  • Child Custody
    Child custody grants one parent (sole custody) or both parents (joint custody) the right to make major decisions about your child’s upbringing.  Wisconsin law presumes that joint legal custody is in the best interest of the child.  If custody is at issue, therefore, the parent seeking sole custody must demonstrate why it is in the best interest of the child for that parent to have sole custody.

    Major decisions include:
    • Non-emergency medical decisions
    • Choice of school
    • Choice of religion
  • Child Placement
    Child placement refers to which parent the child will live with and on which days (the child placement schedule).  If you cannot mutually agree on a physical placement schedule, or who may be granted primary physical placement, a Guardian ad Litem be appointed to represent the best interests of the child. 
  • Child Support
    The State of Wisconsin creates guidelines for child support based upon the parents’ placement and gross incomes.  Family court judges rarely deviate from the state child support guidelines.  Our goal is to ensure your family court judge considers all necessary factors so that the proper amount of child support is awarded.
  • Maintenance
    Maintenance (also referred to as spousal support or alimony) is meant to provide lower earning ex-spouses with financial assistance until they can be self-supporting.   Unlike child support, there is not a maintenance guideline in Wisconsin, and maintenance is therefore frequently the most contentious aspect of a divorce.  It is important that you are represented by an attorney who is able to advocate for or against support, including the amount of maintenance and the length of time maintenance is awarded.

    There are ten factors that a judge may consider when awarding maintenance:
    • The length of the marriage. 
    • The age and physical and emotional health of the parties. 
    • The division of marital property 
    • The educational level of each party at the time of marriage and at the time the action is commenced. 
    • The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment. 
    • The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal. 
    • The tax consequences to each party. 
    • Pre-nuptial and post-nuptial agreements.
    • The contribution by one party to the education, training or increased earning power of the other. 
    • Such other factors as the court may in each individual case determine to be relevant.
  • Restraining Orders
  • Pre and Post Nuptial Agreements

 

115 E Capitol Dr.
Hartland, WI 53029
Tel: 262-367-2126
Fax: 262-367-2033