DIVORCE
All Divorces in Wisconsin are "no-fault" Divorces - How they are handled depends upon which category applies: Uncontested or Contested.
In an Uncontested Divorce, the husband and wife are able to agree on every aspect of their case, including all the categories listed below. In such cases, our simple and easy Flat Fee Service may be appropriate see the "BETTER THAN PRO SE" page.
In a Contested Divorce, the parties disagree on one or more of the issues that need to be decided. This might include property issues, support issues, or issues involving their children. Often, parties are able to agree on some aspects of their case; or the attorneys are able to negotiate a settlement on behalf of the clients; so the parties enter into a Stipulation on those areas. The areas that are not agreed upon will need to be litigated; that is, tried in court before a Judge or Family Court Commissioner.
Our Divorce Services include:
- Child Support Establishing initial child support orders in accordance with the State of Wisconsin Guidelines.
Click here for a link to the Wisconsin Child Support Calculator
- Child Custody Determining whether legal custody should be awarded jointly to both parents, or solely to one parent. "This affects whether decisions about the child and the child upbringing are to be made by both parents, or by one parent alone."
- Child Physical Placement (formerly known as Visitation) - Establishing a set schedule as to where the child will live on a daily basis.
- Spousal Maintenance (formerly known as Alimony) - Determining the amount of money that one spouse will pay to the other. There are many factors that the Court will consider, including: length of the marriage; age and health of the parties; division of the property; educational level of the parties; earning capacity of the parties; ability of the parties to be self-supporting; tax consequences; pre- or post-marital agreements; contributions to the education, training or increased earning power of the other spouse; or other factors that the Court may determine to be relevant. Maintenance can be awarded indefinitely, or for a limited period of time.
- Property Division- Discovering, valuing, and dividing all assets of the parties, whether business or personal. This includes Retirement Accounts, Investments, Stock and Bond Portfolios, Pensions, Benefit Plans, Profit Sharing Plans, Qualified Domestic Relations Orders (QDROs), etc.
- Tax Considerations Determining Dependency Exemptions and Filing Status, and Re-classifying of income.
- Temporary Hearings/Orders Appearing before a Family Court Commissioner to decide any of the above issues temporarily, during the pendency of the action; the time period between the filing of the Divorce Petition and the granting of the Judgment of Divorce. The Divorce itself will take a minimum of 120 days before it can be finalized.
- De Novo Hearings Preparing Motion and Affidavit papers requesting a re-hearing. Most Family Law Court orders made by a Family Court Commissioner can be re-heard by the Circuit Court Judge assigned to your case, provided that a Motion is filed in a timely matter.
- Final Hearings - The Divorce itself will take a minimum of 120 days before it can be finalized. In cases where all issues have been agreed upon, the matter is scheduled for a Stipulated Divorce hearing, most likely before a Family Court Commissioner. Where there is no prior agreement, the case will be scheduled for a Contested Divorce hearing, before the Judge assigned to your case. Following the granting of the Divorce, the Court makes Findings of Fact and Conclusions of Law, and issues a Judgment of Divorce.
Our office has vast experience in dealing with all aspects of Divorce. Please feel free to give us a call.
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